Health Care Complaints Commission v Dr Anne Amigo [2012] NSWMT 13

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Anne Amigo [2012] NSWMT 13 Hearing dates: 7, 8 May 2012 Decision date: 22 June 2012 Before: Kavanagh J; Dr G Yeo; Dr E Kok; Ms J Houen Decision: 1.Dr Amigo has been guilty of professional misconduct. 2.The doctor is reprimanded. 3.The doctor is to enter into the Practice (Public) Conditions in accordance with Level 2 Supervision under the NSW Medical Council Guidelines. The doctor is to enrol in the appropriate medical ethics course (see Attachment A). 4.The doctor is to comply with the Health-related (Private) Conditions, details of such Conditions are contained in Attachment A. 5.We order, the Medical Council under s 163(i), is the appropriate Review Body for review of these conditions as recited in Attachment A. If the practitioner resides outside New South Wales, s 125 to 127 of the Health Practitioner Regulation National Law (NSW) apply so that any review of these conditions can be conducted by the Medical Board of Australia. 6.Dr Amigo shall pay the costs of the HCCC. 7.The Court has issued a suppression order of the name of Patient A and the name of family members of both Patient A and Dr Amigo. The order covers all documentation including medical reports. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT, PROFESSIONAL MISCONDUCT - intimate involvement with patient - breach of NSW Medical Council's policy re sexual relationships and policy addressing the clinical treatment of family members - medical expert evidence persuades - cautioned - conditions imposed - costs Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Legal Profession Act 1987 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 362 Director General, Department of Community Services; re Sophie [2008] NSWCA 250 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Amigo (Respondent) Representation: K Eastman (Complainant) P Strickland SC (Respondent) Health Care Complaints Commission (Complainant) HWL Ebsworth Lawyers (Respondent) File Number(s): MT40015 of 2011