Health Care Complaints Commission v Dr Leonard Philipiah [2012] NSWMT 14

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Leonard Philipiah [2012] NSWMT 14 Hearing dates: 28, 29, 30 May 2012 Decision date: 28 June 2012 Before: Kavanagh J; Dr A Holdgate; Dr J Wright; Ms D Robinson Decision: 1.The doctor is reprimanded. 2.The doctor is suspended by the Medical Tribunal. 3.The doctor is to notify the NSW Medical Council three months before he wishes to resume practise in New South Wales. The Medical Council of NSW as the Review Body nominated by the Tribunal should receiving the doctor's application: (a)obtain a conduct report from the New Zealand Medical Council; (b)obtain an updated medical report from the doctor's treating psychiatrist confirming his fitness to practise medicine. 4.On satisfying the above conditions, the Medical Council after its consideration of the above reports is authorised to lift the doctor's suspension. 5.The doctor if he resumes medical practice in New South Wales should have conditions placed upon his Practicing Certificate for the protection of the public by the Medical Council under s 150(1)(b). A draft of suggested conditions that may be appropriate for the Medical Council to impose are within Annexure A. 6.The Medical Council, should the doctor be permitted to resume practice in New South Wales, must ensure the doctor's impairment is managed in accordance with its obligation including its consideration under the National notification provisions. 7.The Tribunal has issued a suppression order of the names of Patients A to D and the names of family members of Patients A to D and family members of Dr Philipiah. The order covers all documentation including medical reports. 8.There shall be no order as to costs. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT, PROFESSIONAL MISCONDUCT - Doctor's competence to practice medicine challenged - in emergency department failure to properly diagnose patients - failure to properly take history - failure to recognise symptoms - analysis of care of four patients - doctor guilty of unsatisfactory professional conduct and professional misconduct in hospital environment - doctor's practice of medicine suspended - doctor in New Zealand - impaired finding given doctor's medical condition - doctor competent - Medical Council Review Body - suspension lifted when New Zealand clearance obtained - recommend to Medical Council when suspension lifted as to conditions - impairment to be recorded - appointment of a supervisor to monitor future practice - orders - suppression order on names of patients - no order as to costs Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: HCCC v Hasil [2012] NSWMT 1 HCCC v Karasalingham [2007] NSWCA 267 HCCC v Potts [2007] NSWMT 8 Tung v HCCC [2011] NSWCA 219 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Leonard Philipiah (Respondent) Representation: C McDonnell SC (Complainant) P Griffin of counsel (Respondent) Health Care Complaints Commission (Complainant) File Number(s): MT40033 of 2010