Health Care Complaints Commission v Dr A Esin Dalat Ozme [2012] NSWMT 15

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr A Esin Dalat Ozme [2012] NSWMT 15 Hearing dates: 18, 19 June 2012 Decision date: 28 June 2012 Before: Kavanagh J; Dr E Kok, Dr W Jammal, Dr M Gleeson PhD Decision: 1.The doctor is guilty of unsatisfactory professional conduct. 2.The doctor is reprimanded. 3.The doctor is to submit to an audit on her premises of a random selection of her medical records medical records by a person or persons nominated by the Medical Council of New South Wales ("the Council") to assess her compliance with the relevant provisions of the Health Practitioner Regulation (New South Wales) Regulation 2010 (Part 4 and Schedule 2) and the FRACGP's Standards for General Practices (3rd edition), in particular Standard 1.7 'Content of Patient Health Records' with particular attention to her assessment of patients and prescribing of anti-psychotic medication. 4.The audit is to occur within 3 months from the date of this Decision and subsequently at 12 monthly intervals, or as required by the Medical Council. The practitioner is to authorise the Auditor/s to provide the Council with a report on their findings. The practitioner is to meet all costs associated with the audit/s and any subsequent reports. 5.The Tribunal has ordered that there be a suppression order on the name of Patient A to be applied to all documentation including medical reports. 6.That Dr Ozme seek accreditation as a general practitioner and the Council be notified when accredited. 7.Each party shall pay its own costs. Catchwords: UNSATISFACTORY PROFESSIONAL CONDUCT - difficult patient with mental health problems and agoraphobia - failure of doctor over period to examine patient for clinical assessment - doctor prescribed anti-psychotic drugs without clinical examination - failure to keep proper and adequate medical records - doctor guilty of unsatisfactory professional conduct - doctor to ensure accreditation of general practitioner's practice be sought and when obtained, the Medical Council to be notified and the Medical Council to review - each party pay own costs Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) No 86a Health Practitioner Regulation (New South Wales) Regulation 2010 Cases Cited: Childs v Walton [1990] NSWCA 41 Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Lee v Health Care Complaints Commission [2012] NSWCA 80 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr A Esin Dalat Ozme (Respondent) Representation: W Hunt (Complainant) G Furness SC (Respondent) Health Care Complaints Commission (Complainant) Avant Law Pty Ltd (Respondent) File Number(s): MT40008 of 2011