Health Ombudsman v Pin

The Health Ombudsman (applicant) filed a referral with the Queensland Civil and Administrative Tribunal (the Tribunal) seeking findings that the respondent, Hugues Pin, had engaged in unsatisfactory professional performance and professional misconduct. The Tribunal accepted the submissions of both parties as to the characterisation of the respondent's conduct as unsatisfactory professional performance and professional misconduct and as to the appropriate orders of sanction. The Tribunal found that the respondent had engaged in unsatisfactory professional performance in failing to ascertain the length of the catheter and optical fibre retained in a patient's leg, and in failing to inform the patient of the retained catheter and optical fibre, any risks to her health associated with such retention, and any treatment options available to her. The Tribunal found that the respondent had engaged in professional misconduct by failing to inform the patient of the retained catheter and optical fibre, any risks to her health associated with such retention, and any treatment options available to her on multiple occasions and by failing to refer her to another practitioner for the purpose of investigating the retained catheter. The Tribunal decided that an appropriate order of sanction was that the respondent be reprimanded. The Tribunal refused the respondent's application for a non-publication order.