Rohatgi v Health Care Complaints Commission

The New South Wales Court of Appeal considered an appeal by Dr. Rohatgi against a decision of the Health Care Complaints Commission. The dispute concerned the Commission's finding that Dr. Rohatgi had engaged in professional misconduct by failing to adequately inform a patient about the risks associated with a particular surgical procedure.

The Court was required to determine whether the Commission had erred in its finding of professional misconduct, specifically in relation to the adequacy of the information provided by Dr. Rohatgi to his patient regarding the risks of the surgery. The central legal issue was the standard of disclosure required of a medical practitioner in obtaining informed consent from a patient.

The Court analysed the principles of informed consent in medical treatment, drawing on established common law. It held that a medical practitioner has a duty to exercise reasonable care and skill in obtaining informed consent, which includes disclosing all material risks that a reasonable patient in the patient's position would likely attach significance to. The Court found that the Commission had correctly applied these principles and that the evidence supported its conclusion that Dr. Rohatgi had failed to adequately inform the patient of the relevant risks.

The appeal was dismissed.