Health Ombudsman v Moosawi (No 2)

The Health Ombudsman v Moosawi (No 2) involved the respondent, a medical practitioner, contesting allegations of professional misconduct brought against him by the applicant, the Health Ombudsman. The Tribunal found the respondent guilty of professional misconduct involving boundary violations with a patient, including sexual relations and interference with the patient during an investigation into his conduct. The central legal issues for the Tribunal were the appropriate sanction for the professional misconduct and whether the respondent’s registration as a health practitioner should be cancelled or suspended.

The Tribunal examined the respondent’s long history of practice and noted six years without incident since the misconduct. The Tribunal concluded that while the respondent’s conduct was inconsistent with the conduct expected of a registered medical practitioner, it did not demonstrate an overall unfitness to practice medicine. The paramount consideration in determining the sanction was the protection of public health and safety. The Tribunal also considered the purposes of sanctions, including denunciation, deterrence, and the maintenance of professional standards. Both parties agreed on a reprimand and a three-year preclusion from practice. However, the Tribunal found that the respondent’s conduct warranted cancellation of his registration, rather than suspension, as it believed the respondent would be fit to resume practice after the period of preclusion.

The Tribunal issued several orders. The respondent was reprimanded, his registration as a health practitioner was cancelled, and he was disqualified from applying for registration as a registered health practitioner for a period of three years. These sanctions took effect on 25 December 2020. Additionally, the respondent was ordered to pay the applicant’s costs as agreed.