Health Care Complaints Commission v Dr Il-Song Lee [2011] NSWMT 12

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Il-Song Lee [2011] NSWMT 12 Hearing dates: 18-20/07/11, 27/09/11 Decision date: 06 October 2011 Jurisdiction: Civil Before: Elkaim SC DCJ Dr J Kendrick Dr S Toh Mr R Kelly Decision: See paragraph 83 Legislation Cited: Health Care Liability Act 2001 Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 Medical Practice Regulation 2003 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Murphy v Farmer (1988) 165 CLR 19 HCCC v Richard Allen Matter No 40016 of 2009, 2 July 2010 HCCC v Dr Chan Matter No 40003 of 2011, 9 September 2011 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Il-Song Lee (Respondent) Representation: P Griffin (Complainant) S Barnes (Respondent) Health Care Complaints Commission (Complainant) Unsworth Legal (Respondent) File Number(s): 40004/2011 and 40011/2010 Publication restriction: Suppression of identities of patients A, B and C

Judgment 1The Tribunal has heard two complaints brought by the Health Care Complaints Commission ("HCCC") against Dr Il-Song Lee ("Dr Lee"). 2In broad terms, the first complaint ("Complaint 1") stems from Dr Lee practising as a General Practitioner between 2002 and 2007 without Professional Indemnity Insurance. The second complaint ("Complaint 2") arises from the doctor's treatment of three patients both in regard to his clinical actions and his completion of the patients' notes and referrals for pathology tests. 3Dr Lee has conceded that he was not insured but he denies that this was deliberate or that he intentionally misrepresented that he was insured. In essence, he says that the lack of insurance was an administrative oversight. 4In relation to the treatment of the three patients, Dr Lee agreed that some of his note taking was inadequate. He denied that his clinical treatment had any failings. 5It is important to point out at this stage that in respect of both complaints there is no allegation that any patient suffered any harm or loss as a result of Dr Lee's actions. It is also noted that the three patients referred to in the second complaint did not provide any statements to the HCCC nor were they called to give oral evidence.