New South Wales
Medical Tribunal
CITATION: Re Dr Anthony Yan FONG [2007] NSWMT 5 TRIBUNAL: Medical Tribunal PARTIES: Health Care Complaints Commission
Dr Anthony Yan FongFILE NUMBER(S): 40018 of 2006 CORAM: Freeman, DCJ - Ng, Dr J - Messner, Dr S - Ettinger, Ms G CATCHWORDS: General Practitioner reprimanded - Inappropriate actions in home of patient LEGISLATION CITED: Medical Practice Act 1992 (NSW) ss. 36 and 37; 61(1)(b), 61(1)(c); 61(1)d
Medical practice Regulation 1998, 2002 (NSW)CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336;
Rejjek v McElroy (1965) 112 CLR 517;
Richter v Walton (unreported) NSWCA 15/9/1993;
HCCC v Litchfield (1997) 41 NSWLR 630DATES OF HEARING: 17/4/2007-18/4/2007 DATE OF JUDGMENT: 29 May 2007 LEGAL REPRESENTATIVES: G Farmer of Counsel (HCCC)
V Hartstein of Counsel (Respondent)ORDERS: Paragraphs 37 and 38.
JUDGMENT:
JUDGMENT
THE TRIBUNAL ORDERS THAT THE NAME OF THE PATIENT OR ANY MATERIAL CAPABLE OF IDENTIFYING THE PATIENT BE NOT PUBLISHED
1 The Tribunal has before it for enquiry a complaint by the Health Care Complaints Commission (HCCC) against Dr Anthony Yan Fong of Penrith, New South Wales (“the practitioner”). The complaint dated 31 May 2006 claims that Dr Fong “has been guilty of unsatisfactory professional conduct and/or professional misconduct within the meaning of sections 36 and 37 of the Medical Practice Act 1992 in that he has:
1.Demonstrated that the knowledge, skill or judgment possessed, or care exercised, by him in the practice of medicine is significantly below the standard expected of a practitioner of an equivalent level of training or experience; and/or
2. Engaged in improper or unethical conduct relating to the practice of medicine and/or
3.Contravened a provision of the Medical Practice Regulation.
2 Particulars
At all relevant times the practitioner practised as a general practitioner at the Tindale Medical Centre at Penrith.
1.On 13 January 2004, during a visit to Patient A’s home, the practitioner failed to maintain proper professional boundaries in that he:
(a) inappropriately lifted up Patient A’s foot and kissed it;
(b) made comments which were inappropriate in the circumstances, being words to the effect of:
- i.“I think you would look nice in a pair of high heels”;
ii.“I think you’ve got beautiful feet”;
iii.“I have grown to like you, we are all human and we can’t help how we feel”;
iv. “Why don’t you go and put on some high heel shoes so I can see you in them”;
v.“I should be around to look after you”.
(d) kissed Patient A’s neck;
(e) brushed his hand down the front of Patient A’s body and felt her breasts.
- 2.The practitioner failed to make adequate and contemporaneous notes in Patient A’s medical record in relation to the visit to Patient A’s home that took place on 13 January 2004.
- 3.The practitioner made a false and misleading entry in his medical records in relation to…
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- AGLC
- Re Dr Anthony Yan Fong [2007] NSWMT 5
- Case
- [2007] NSWMT 5
- Decision Date
CaseChat Overview and Summary
The central legal issues before the tribunal involved whether Dr Fong's actions constituted misconduct or professional incompetence under the Health Practitioner Regulation National Law (NSW). The specific allegations were that during a home visit to provide medical care, Dr Fong acted inappropriately, causing Ms. A to feel uncomfortable. The tribunal had to consider whether the conduct fell below the expected professional standards and whether it warranted a reprimand.
The tribunal found that Dr Fong's conduct did fall below the expected professional standards. It was determined that while Dr Fong's actions were not intended to be inappropriate, they were indeed perceived as such by Ms. A, which led to her feeling uncomfortable and distressed. The tribunal emphasised the importance of maintaining professional boundaries and ensuring patient comfort and dignity. Consequently, the tribunal decided that a reprimand was the appropriate disciplinary action, acknowledging the need to uphold professional standards while considering Dr Fong's otherwise unblemished record.
The tribunal issued a reprimand to Dr Fong, as outlined in paragraphs 37 and 38 of the decision. This reprimand served as a formal warning and a requirement for Dr Fong to reflect on his conduct and take steps to ensure such incidents do not recur in the future.
Orders
Orders of the court
Paragraphs 37 and 38.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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