Health Ombudsman v BBH

This case involved a complaint against a medical practitioner, BBH, who engaged in a platonic relationship with a patient. The Health Ombudsman sought a finding of professional misconduct and appropriate sanctions. The Queensland Civil and Administrative Tribunal determined that the respondent's conduct constituted professional misconduct and ordered a reprimand and a fine of $15,000.

The legal issues for the Tribunal to decide were whether the respondent's conduct should be characterised as professional misconduct and, if so, what sanction should be imposed. The parties agreed that the conduct constituted professional misconduct and that a reprimand and fine were appropriate. The Tribunal accepted the parties' characterisation and sanction proposal. The Tribunal found that the respondent's conduct was a serious failure to maintain professional boundaries, which put the patient at risk of harm. While no actual harm occurred, the potential for harm was significant in the context of a psychotherapy treating relationship. The Tribunal accepted that a reprimand and fine would appropriately protect the public interest and maintain public confidence in the medical profession.

The Tribunal concluded that a reprimand was warranted as it would publicly denounce the respondent's conduct. A fine of $15,000 was also appropriate given the seriousness of the misconduct, especially considering the prolonged nature of the relationship and the respondent's initial attempts to mislead her employer. Both parties had the opportunity to be heard on the appropriate sanction and the Tribunal was satisfied that the agreed sanction was within the permissible range. The Tribunal ordered that each party bear their own costs.