Health Ombudsman v Eggerling

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Eggerling [2022] QCAT 80

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

DARREN WILLIAM EGGERLING

(respondent)

APPLICATION NO/S:

OCR303-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

17 February 2022

HEARING DATE:

17 February 2022

HEARD AT:

Brisbane

DECISION OF:

Judicial Member J Robertson

Assisted by:

Mr Brent Dixon
Ms Suzanne Harrop

Ms Sharyn Hopkins

ORDERS:

1. A finding that the conduct of the Respondent constitutes professional misconduct pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act2013 (Qld).

2. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2013 (Qld) that the Respondent be reprimanded.

3.     Each party must bear their own costs for the proceedings.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where the respondent was a registered nurse – where the respondent failed to maintain professional boundaries by engaging in a sexual relationship with a patient – where the respondent admits the allegations but otherwise has not engaged in the disciplinary proceedings – whether a reprimand and/or three month period of suspension is appropriate

Health Ombudsman Act 2013 (Qld) s 107

Health Practitioner Regulation National Law (Queensland) (National Law) s 5, s 41

Health Ombudsman v Bothwell [2020] QCAT 393

Health Ombudsman v Evans [2016] QCAT 77
Health Ombudsman v HSK [2018] QCAT 419
Health Ombudsman v Jolley [2019] QCAT 173
Health Ombudsman v Wood [2019] QCAT 35

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 29 September 2020, the Director of Proceedings on behalf of the Health Ombudsman (the applicant) referred these disciplinary proceedings to the Tribunal. The referral contains one allegation; that over a period from 1 May 2019 until approximately 28 June 2019, the respondent, a registered nurse then employed at a medical centre in Morayfield, failed to maintain professional boundaries with a female patient (patient A).

   The relevant conduct and background

2. On 1 May 2019, patient A attended the practice for medical treatment in relation to an injury to her foot. During this attendance the respondent provided clinical care and treatment to patient A, including administering pain relief and saline. On 9 May 2019, patient A attended the practice, and the respondent applied a cast to patient A’s lower leg.

3. On a date in early May 2019, the respondent gave patient A his phone number and/or patient A gave the respondent her phone number. Commencing on a date in early May 2019 until at or around the end of May 2019, the respondent and patient A exchanged text messages of a personal nature.

4. At around the end of May 2019, the respondent and patient A arranged by text message to meet to have sexual intercourse. At around the end of May 2019, the respondent and patient A meet at the respondent’s home and had sexual intercourse.

5. On 14 June 2019, patient A attended the clinic after…