MEDICAL BOARD OF WESTERN AUSTRALIA and WRIGHT

This case involves proceedings brought before the State Administrative Tribunal by the Medical Board of Western Australia against Dr Jonathan Wright, a medical practitioner. The Board alleged that Dr Wright was guilty of gross carelessness in the treatment of a patient, Ms Lee Rebecca Halford. The Tribunal heard from a number of witnesses, including five expert witnesses who expressed opinions as to whether Dr Wright's conduct departed from acceptable standards expected of an experienced general practitioner. The primary issue for determination was whether Dr Wright's conduct in relation to Ms Halford, and in particular his failure to refer her to a tertiary hospital and to assess her pulse rate, blood pressure and record her respiration rate constitutes gross carelessness within the meaning of those terms under s 13(1)(c) of the Medical Act 1894 (WA). The Tribunal determined that Dr Wright had undertaken appropriate examination and had formed a diagnosis reasonably open to him. It did not consider that the failure to refer the patient to hospital, nor to undertake any of the further tests suggested in the complaint against him was capable of constituting gross carelessness for the purpose of disciplinary proceedings. Accordingly, the complaint against Dr Wright was dismissed.