In Re Dr Dr Sarkis Douaihy and the Medical Practice Act 1992 [2004] NSWMT 6

New South Wales Medical Tribunal

CITATION : In Re Dr Dr Sarkis Douaihy and the Medical Practice Act 1992 [2004] NSWMT 6 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Sarkis Douaihy FILE NUMBER(S) : 40012 of 2003 CORAM: Walmsley, SC DCJ - Child, Dr D - Badam, Dr A - Cotton, R Ms CATCHWORDS: unsatisfactory professional conduct - professional misconduct Medical Practice Act 1992 LEGISLATION CITED: Health Insurance Act 1973 (Commonwealth) Crimes Act 1914 (Commonwealth) CASES CITED: Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 DATES OF HEARING: DATE OF JUDGMENT: 10 May 2004 Mr K Connor LEGAL REPRESENTATIVES: Mr B Young Mr M Ainsworth ORDERS: 1. The respondent is reprimanded;; 2. The respondent is to pay the applicant's costs.

JUDGMENT: REASONS FOR DETERMINATION DATE: 10 MAY 2004

In accordance with s 51 (1) of the Medical Practice Act 1992 ("the Act") the Health Care Complaints Commission ("the Commission") has made a complaint to the New South Wales Medical Tribunal (the Tribunal) against Dr Sarkis Douaihy. The complaint is that being a medical practitioner registered under the Act he has been guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of ss 36 and 37 of the Act. As to the first part of the complaint it is said that: (i) he demonstrated a lack of adequate knowledge, skill, judgment or care in the practice of medicine; (ii) he has engaged in improper or unethical conduct relating to the practice of medicine; (iii) he has been convicted of offences under s 128 B of the Health Insurance Act 1973 of the Commonwealth. Particulars of the complaint are that between 2 November 1997 and 31 January 1998 he made false and/or misleading claims on the Health Insurance Commission on twelve occasions thereby falsely obtaining $450.15 from the Health Insurance Commission; and on 14 December 1999 was convicted of twelve offences under s 128 B of the Health Insurance Act 1973.