Re Dr Parajuli [2010] NSWMT 3

New South Wales Medical Tribunal

CITATION : Re Dr Parajuli [2010] NSWMT 3 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Naresh Sharma Parajuli FILE NUMBER(S) : 40023 of 2009 CORAM: Murrell, SC DCJ - Ilbery, Dr K - Yeo, Dr G - Gleeson, Dr M CATCHWORDS: Sexual relations with patient - Professional misconduct – Appropriate disposition of established complaint LEGISLATION CITED: Medical Practice Act 1992 Briginshaw v Briginshaw (1938) 60 CLR 336; HCCC v Karalasingham [2007] NSWCA 267 ; CASES CITED: HCCC v Dr Cheng NSWMT [2005] 25; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Law Society of NSW v Foreman (1994) 34 NSWLR 408 DATES OF HEARING: 12 April 2010 EX TEMPORE 13 April 2010 JUDGMENT DATE : LEGAL REPRESENTATIVES: Mr Farmer of Counsel for the Complainant Mr Griffin of Counsel for the Respondent ORDERS:

JUDGMENT: The Complaint

1 The Health Care Complaints Commission (HCCC) complains that Dr Naresh Sharma Parajuli (the practitioner) has been guilty of unsatisfactory professional conduct and/or professional misconduct in that he has demonstrated judgement or care in the practice of medicine that is significantly below the standard reasonably expected and /or has engaged in other improper or unethical conduct contrary to s 36 (1) (a) and/or (m) of the Medical Practice Act 1992.

2 The practitioner admits the conduct particularised in the complaint. (1) Between about 9 May 2007 and 22 June 2007, while patient A was a patient of the practitioner, he engaged in inappropriate discussion with her. (2) On 24 May 2007, he made arrangements to meet the patient at her home for the purpose of having sexual contact with her. (3) On 25 May 2007, he visited the patient at her home and engaged in sexual intercourse with her.