Health Care Complaints Commission v Dr Maendel [2013] NSWMT 3

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Maendel [2013] NSWMT 3 Hearing dates: 04/03/2013-07/03/2013 Decision date: 08 March 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Dr G Yeo Dr K Ilbery Ms A Collier Decision: See paragraph 82 Catchwords: Treatment by practitioner of his mother, putting patient into palliative care instead of referring her for further investigation and management. Legislation Cited: Health Practitioner Regulation National Law (NSW) 86a Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 King v Health Care Complaints Commission [2011] NSWCA 353 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Christopher Maendel (Respondent) Representation: P Strickland SC (Applicant) M Lynch (Respondent) K Bourke (Mr A Fischli and Mr A Blough) Health Care Complaints Commission (Applicant) Hicksons Lawyers (Respondent) File Number(s): 40005/12 Publication restriction: No

Judgment 1Mrs Irene Maendel, then 70 years of age, collapsed on 2 March 2010. She died on 8 March. Between these dates she was treated by the respondent. The Health Care Complaints Commission (the "HCCC") instituted these proceedings arising from the respondent's treatment.