Health Ombudsman v Patel

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Patel [2019] QCAT 398

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

YOGESHKUMAR PATEL

(respondent)

APPLICATION NO/S:

OCR130-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

4 December 2019 (ex tempore)

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Assisted by:
Dr K Forrester
Mr M Halliday
Mr S Lewis

ORDERS:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld), the Tribunal decides that the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(3)(a) of the Health Ombudsman Act 2013 (Qld), the respondent is reprimanded.

3.   Each party must bear the party’s own costs for the proceeding.

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – SANCTION – where the respondent is a registered nurse – where the applicant instituted disciplinary proceedings against the respondent in relation to conduct that involved the respondent inappropriately dealing with a mental health inpatient’s bank account – where there were no criminal proceedings against the respondent – where the respondent has been subject to a de facto suspension of his registration for approximately two and a-half years – where the respondent has expressed remorse and undertaken an education program – where the parties agree that the respondent’s conduct should be characterised as professional misconduct – where the parties agree as to the appropriate sanction – whether the sanction proposed is appropriate

Health Ombudsman Act 2013 (Qld), s 103(1)(a), s 104, s 107(2)(b)(iii), s 107(3)(a)

Health Practitioner Regulation National Law (Queensland), s 5

REPRESENTATION:
Applicant:	The Director of Proceedings, on behalf of the Health Ombudsman
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

1. This is a referral of a Health Service complaint against Yogeshkumar Patel (“the respondent”) pursuant to s 103(1)(a) and s 104 of the Health Ombudsman Act2013 (Qld) (“HO Act”) by the Director of Proceedings on behalf of the Health Ombudsman (“the applicant”).

2. The applicant alleges the respondent has behaved in a way that constitutes professional misconduct and seeks orders for sanction.  The parties are agreed as to the facts of the matter, including the facts that are alleged to constitute professional misconduct, that the conduct should be characterised as professional misconduct, and that an appropriate order by way of sanction is a reprimand.

3. The respondent was first registered as a registered nurse on 11 January 2008.  From 2012 until 2016 the respondent was employed by the West Moreton Hospital and Health Service and at the relevant time was employed at The Park Centre for Mental Health at Wacol.  The respondent was part of a treating team for a patient who had been placed on a forensic order in 1995 (“the patient”).  The patient received treatment for a number of mental health conditions, including paranoid schizophrenia, anti-social personality disorder, and…