Health Care Complaints Commission v Dr Nemeth [2012] NSWMT 4

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Nemeth [2012] NSWMT 4 Hearing dates: 20-23 February 2012 Decision date: 05 April 2012 Before: Kavanagh J; Dr Victoria Sutton; Dr George Abouyanni; Ms Annette Gray Decision: (Protective Orders entered 7 May 2012 at [70]) 1It is our recommendation the practitioner change the nature of her practice. The Medical Council of NSW must approve the recommended arrangements. 2The doctor, with the assistance of the HCCC, is required to put in place arrangements reflecting suggested conditions on her medical practice. The arrangements shall be reflected in Draft Orders to be filed within 28 days. The Tribunal will then formally enter Orders. 3The Tribunal orders the suppression of the names of all patients referred to in the Schedules and within any documentary materials including the medical reports and assessments. 4The respondent shall pay the complainant's costs. Catchwords: Doctor charged inappropriate prescribing Schedule 4D and Schedule 8 drugs; failure to keep proper medical records; doctor's compliance with Impaired Doctor's Programme - doctor guilty of unsatisfactory professional conduct and professional misconduct - limitation placed doctor's practice - nature of practice to change - limitation on hours of work - supervision required - limitation on doctor's number of patients to be seen - limitation placed on doctor's power to prescribe Schedule 8 and Schedule 4D drugs - appointment of an independent supervisor - orders accordingly - costs Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Medical Practice Act 1992 Poisons and Therapeutic Goods Act 1966 Cases Cited: Health Care Complaints Commission v Dr Perroux [2011] NSWDC 99 NSW Bar Association v Meakes [2006] NSWCA 340 Pillai v Messiter (No. 2) (1989) 16 NSWLR 197 Spicer v NSW Medical Council (unreported CA No.3 of 1981, 19 February 1981) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Katherine Nemeth (Respondent) Representation: Ms K L Eastman of counsel with Ms J Seymour of counsel - Complainant Mr G Butler of counsel - Respondent Health Care Complaints Commission (Complainant) Browns, Legal & Consulting (Respondent) File Number(s): MT40001 of 2011