Health Care Complaints Commission v Quach [2015] NSWCATOD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Quach [2015] NSWCATOD 2 Hearing dates: 10 September, 2014, 8-12 and 15-19 December, 2014 Decision date: 05 February 2015 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr M Giuffrida, Professional Member Dr E Kertesz, Professional Member Dr C Berglund, Lay Member Decision: Each of the Complaints brought against the Respondent is made out.

The conduct of the Respondent constitutes both unsatisfactory professional conduct and professional misconduct.

The proceedings are stood over to 10 am on 10 April 2015 for further hearing, on which date the Tribunal shall hear evidence and submissions concerning the stage 2 process Catchwords: MEDICAL PRACTITIONER; professional charges excessive in amount and improperly charged constitutes both unsatisfactory professional conduct and professional misconduct. MEDICAL PRACTITIONER; conduct involving a number of patients including misdiagnosis, inappropriate treatment regime, poor communication skills, propensity to diagnose certain conditions and failure to accept advice from peers constitutes both unsatisfactory professional conduct and professional misconduct. MEDICAL PRACTITIONER; respondent found to have a mental impairment, disability, condition or disorder which detrimentally affects or is likely to detrimentally affect his capacity to practice medicine in that he suffers from narcissistic personality disorder and, furthermore, is thereby not competent to practice the profession under section 139 of the National Law as he does not have sufficient mental capacity to do so. Legislation Cited: Health Practitioner Regulation National Law¸ Health Care Complaints Act 1993 Cases Cited: King v HCCC [2011] NSWCA 353 Lucire v HCCC [2011] NSWCA 99 NSW Bar Association v Meakes [2006] NSWCA 340 HCCC v Wingate [2007] NSWCA 326 HCCC v Litchfield [1997] NSWSC 297 Richter v Walton, unreported, NSWCA 15/7/93 Administrative Decisions Tribunal of New South Wales in Legal Services Commissioner v Keddie [2012] NSW ADT 106 The Law Society of New South Wales v Foreman (1994) 34 NSW LR 408 Texts Cited: Good Medical Practice: A Code of Conduct