Medical Board of Qld v Thurling

[2003] QCA 518

Queensland Court of Appeal

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Interrogate

Catchwords

1. Professions and Trades
2. › Medical practitioners
3. › Discipline
4. › Unsatisfactory professional conduct
5. › Sexual relationship with patient
6. › Whether suspension of 12 months manifestly excessive
7. › Health Practitioners (Professional Standards) Act 1999 (Qld), s 59
1. Professions and Trades
2. › Medical practitioners
3. › Discipline
4. › Sexual relationship with patient
5. › Exploitation of patient vulnerability
6. › Whether finding of exploitation reasonably open on the evidence
1. Appeal
2. › Health Practitioners Tribunal
3. › Appeal on question of law only
4. › Standard of review
5. › Whether finding could not reasonably have been made

Quick Take

A 12-month suspension for a medical practitioner who commenced and maintained a sexual relationship with a patient, exploiting the patient's vulnerability, is not manifestly excessive even where the practitioner is the sole doctor in a remote community. The public interest in availability of medical services, while relevant, cannot override the necessity of suspension for public protection. Consent is not a mitigating factor where the relationship arises from the inherently unequal doctor-patient relationship.