An error of judgment by a medical practitioner does not necessarily demonstrate a lack of adequate knowledge, skill, judgment or care for the purposes of s 36(1)(a) of the Medical Practice Act 1992 (NSW); persons who do not lack adequate judgment do from time to time make errors of judgment. A medical tribunal denies procedural fairness where it makes findings that go beyond the particulars of the complaint and the expanded allegation was not appropriately raised and litigated at the hearing. The team reliance principle in Elliott v Bickerstaff does not protect a medical practitioner who has been put on enquiry as to whether other team members are fulfilling their responsibilities.
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