Surgery by medical practitioner not registered in Australia

Health Care Complaints Commission v Morris was a Professional Standards Committee Inquiry decision handed down on 23 December 2016.

The complaint alleged than an Australian medical practitioner, in organising a colorectal surgery conference in Sydney, sought to have a United States medical practitioner perform a televised surgical procedure. An attempt to arrange registration for the visiting surgeon in New South Wales was unsuccessful. Nevertheless the visiting surgeon was involved in the televised surgical procedure: [17] – [20].

The complaint included reference to the lack of National Law registration on the part of the visiting surgeon and the potential lack of adequate professional indemnity insurance, neither of which were discussed with the patient: [96], [97], [118].

The Australian medical practitioner conceded that the visiting surgeon did perform parts of the surgery, to demonstrate techniques. However the Australian practitioner denied that he ‘knowingly enabled’ the surgery by the visiting surgeon: [35] , [54]. The PSC found to the contrary: [84].

The Australian practitioner was reprimanded for unsatisfactory professional conduct and ordered to pay a fine.

Decision noted by EHLN and NSW Health Care Complaints Commission.



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