The NSW Civil and Administrative Tribunal has made a finding of “unsatisfactory professional conduct” by Merimbula GP Frank Simonson relating to his treatment of four patients in 2013 and 2014. The Tribunal has said the finding “amounts to professional misconduct”.
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The Health Care Complaints Commission prosecuted general practitioner Dr Frank Simonson who held Visiting Medical Officer admitting rights at Bega District Hospital (as it was then known) and Pambula Hospital.
The Commission’s complaint before the NSW Civil and Administrative Tribunal ('Tribunal') concerned Dr Simonson’s clinical care and judgment in four clinical cases in 2013 and 2014 (three at Pambula Hospital and one at Bega District Hospital). The Commission also alleged that Dr Simonson’s record keeping in those four cases and an additional case breached regulations.
Patient A presented to hospital with hiatus hernia and Dr Simonson was called to see him but did not do so for over 24 hours.
Patient B was an 87-year-old patient with gastritis who was well known to Dr Simonson. Patient B passed away during his admission to hospital.
Patient C who was in labour at Bega District Hospital was a private obstetric patient of Dr Simonson’s. Patient C’s baby was delivered by an obstetrician and midwife although Dr Simonson was in the delivery room.
Patient E was a seven year old child who presented to hospital with vomiting and abdominal pain. She continued to complain of pain throughout her admission and on the second day of her admission was transferred to another hospital where she underwent surgery.
In its decision the Tribunal found that Dr Simonson failed to:
- attend on Patient A for over 24 hours when asked, failed to properly review Patient A and formulate and communicate his diagnosis to nursing staff over a period of three days.
- properly plan, manage and document his not for cardio-pulmonary resuscitation (CPR) order for Patient B including by communicating with the patient’s family, recording the patient’s instructions and to have a proper discussion with the patient as to his goals of care.
- respond to Patient C’s obstetric emergency by taking over the delivery when asked and applying effective supra-pubic pressure to Patient C when requested to by the midwife.
- have Patient E transferred to a hospital for surgery in appropriate time, failed to communicate his diagnosis to staff, and failed to properly manage her when she fainted.
- comply with the medical record keeping regulations with respect to all five patients.
The Tribunal found that the above allegations amounted to unsatisfactory professional conduct. The Tribunal held that the conduct amounted to professional misconduct.
