Performance and Professional Standards Panel
Jurisdiction: Western Australia
Date of Hearing: 1 July 2013
Date of Decision: 1 July 2013
Clinical Care - Inadequate or inappropriate history or examination
Clinical Care - Inadequate or inappropriate testing or investigation
Clinical Care - Missed, incorrect or delayed diagnosis
Communication - Insensitive comments
Documentation - Health report – inadequate or inaccurate or misleading
The patient presented for a pre-employment medical examination. It was alleged that the practitioner acted in a way that constituted unprofessional conduct and/or unsatisfactory professional performance under sections 191(1)(b)(i) and (ii) of the National Law in that they:
The panel found that there was no evidence to substantiate the allegations against the practitioner.
It found that the practitioner could not be faulted in assessing the patient as morbidly obese and identifying the potential risks of sleep apnoea, consistent with their duty of care. The practitioner’s assessment of the patient’s osteoarthritis was proper and reasonable and the conclusion reached about the patient’s cardiac health was correct.
While the panel noted that it may have been better if the practitioner had not made the alleged insensitive comments, it found that the comments did not constitute unsatisfactory professional performance or unprofessional conduct.
Further, the panel found that the prospective employer’s interpretation of the medical report which adversely affected the patient, while unfortunate, did not flow from any unsatisfactory professional performance from the practitioner.
The panel determined that no further action was to be taken.
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