Health Care Complaints Commission v Simonson [2017] NSWCATOD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Simonson [2017] NSWCATOD 87 Hearing dates: 8, 9, 10, 11 and 12 May 2017 Date of orders: 01 June 2017 Decision date: 01 June 2017 Jurisdiction: Occupational Division Before: The Hon F Marks ADCJ Dr K Edwards (professional member) Dr K Keenan (professional member) J Houen (community member) Decision: Findings of professional misconduct made. Proceedings stood over for stage 2 hearing on 22 June 2017. Catchwords: Medical practitioner – allegations of professional misconduct concerning five patients – requirement for documentation and recording of matters under Regulation – failure to document not for resuscitation direction – inappropriate conduct in the course of a difficult birth delivery-failure to transfer very ill child for specialist treatment in a timely manner – held constitutes in the aggregate professional misconduct. Legislation Cited: Health Care Practitioner Regulation National Law Health Practitioner Regulation (New South Wales) Regulation 2010 (repealed) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1983) 60 CLR 336 HCCC v Do [2014] NSWCA 307 Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Dr Frank David Simonson (Respondent) Representation: Counsel: R Mathur (Complainant) S Barnes (Respondent)

Solicitors: Health Care Complaints Commission (Complainant) TressCox (Respondent) File Number(s): 2016/00378821, 1620261 Publication restriction: Non-publication order with respect to the name of any patient of the respondent or with respect to any matter which might identify or tend to identify the name of any patient of the respondent which patient is the subject of these proceedings.