Medical Board of Australia v Rosenbaum

[2013] QCAT 722

CITATION: Medical Board of Australia v Rosenbaum [2013] QCAT 722

PARTIES:	Medical Board of Australia (Applicant)
v
Dr Simon Rosenbaum (Respondent)

APPLICATION NUMBER: OCR100-10

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Brabazon QC, Judicial Member

DELIVERED ON: 29 November 2013

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The Respondent is reprimanded.

2.    A condition is imposed on the Respondent’s registration that he implement and maintain a referral plan in the terms agreed between him and the Applicant.

3.    The Respondent may not apply for a review of the decision to impose conditions on his registration for a period of one year from the date of the Tribunal’s final order.

4.    The Respondent will pay the Board’s costs fixed at $40,000 within 28 days of the Tribunal’s final order.

CATCHWORDS: Medical practitioner – discipline – insufficient post-operative care of patient

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. This is a disciplinary matter concerning Dr Rosenbaum.

2. The Medical Board and Dr Rosenbaum have agreed about the disciplinary action that should be taken against him.  They have agreed about the events of 5 and 6 October 2006, concerning his patient.

3. Their agreement is set out in the joint submission of 30 August 2013. 

4. I have had the advantage of advice from three assessors – two of whom are medical practitioners.

5. I am satisfied that the joint submission should be accepted.  That is, it accurately describes the events concerning his patient, and shows why he should be disciplined.  It sets out the surrounding circumstances, and the considerations for and against him.  It seems that all significant matters have been taken into account.  There is nothing else that I could usefully add.

6. The joint submission is attached to this order.

7. These are the formal orders:

   a)    The Respondent is reprimanded.

   b)    A condition is imposed on the Respondent’s registration that he implement and maintain a referral plan in the terms agreed between him and the Applicant;

   c)    The Respondent may not apply for a review of the decision to impose conditions on his registration for a period of one year from the date of the Tribunal’s final order.

   d)    The Respondent will pay the Board’s costs fixed at $40,000 within 28 days of the Tribunal’s final order.