Sharma v Medical Board of Australia

In Sharma v Medical Board of Australia, the Medical Board of Australia appealed the decision of a Performance and Professional Standards Panel that had found Dr Sharma's professional conduct unsatisfactory. The patient had suffered haemorrhaging during a caesarean section performed by Dr Sharma. The Panel had concluded that Dr Sharma's conduct was unsatisfactory based on his failure to maintain adequate records and provide a full and accurate account to colleagues. The Panel had also found that Dr Sharma lacked insight and reflective practices and imposed certain conditions on his registration. Dr Sharma appealed the Panel's decision, and the Board cross-appealed on the grounds that the Panel had not adequately considered Dr Sharma's lack of insight and reflective practices.

The court had to determine whether Dr Sharma had indeed failed to maintain adequate records and provide a full and accurate account to colleagues, and whether he had demonstrated a lack of insight and reflective practices. The court also had to consider whether the Panel was correct in imposing conditions on Dr Sharma's registration. The court found that Dr Sharma had failed to maintain adequate records and provide a full and accurate account of the procedure to colleagues, but that the Panel had erred in finding that he lacked insight and reflective practices. The court found that the Panel had not adequately considered the evidence before it and had placed too much emphasis on Dr Sharma's failure to provide a satisfactory explanation for his conduct.

The court affirmed the Panel's finding that Dr Sharma's conduct was unsatisfactory, but set aside the decision to the extent that it found he lacked insight and reflective practices. The court also set aside the conditions imposed on Dr Sharma's registration. The court found that the correct and preferable decision was to impose conditions that required Dr Sharma to undergo training in record-keeping and communication with colleagues, and to submit a report to the Board every six months for two years. Each party was ordered to bear their own costs.