Rohatgi v Medical Tribunal of New South Wales

In *Rohatgi v Medical Tribunal of New South Wales and Anor* [1994] NSWCA 270, the New South Wales Court of Appeal considered an appeal by Dr. Rohatgi against a decision of the Medical Tribunal of New South Wales. The dispute concerned the Tribunal's finding that Dr. Rohatgi had engaged in professional misconduct by failing to adequately supervise a junior medical officer.

The primary legal issue before the Court of Appeal was whether the Tribunal had erred in law in its finding of professional misconduct. Specifically, the Court was required to determine whether the evidence before the Tribunal supported its conclusion that Dr. Rohatgi's supervision fell below the standard expected of a medical practitioner, thereby constituting professional misconduct.

The Court of Appeal analysed the evidence presented to the Tribunal and the relevant provisions of the *Medical Practitioners Act 1938* (NSW). It applied the principles of natural justice and the standard of proof required for findings of professional misconduct. The Court found that the Tribunal had not made an error of law in its assessment of the evidence and that the finding of professional misconduct was open to it on the material before it.

The appeal was dismissed.