Charge Detail Summary

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File Number: Med16/352P
Practitioner: Hirron Fernando


Hearing Start Date:

Hearing End Date:

19/09/2016

19/09/2016


Hearing Town/City: Hastings/Napier

Hearing Location:

Charge Characteristics:

Records - inappropriate access (Established)


Authority - Lied/misled
(Established)


Documents/Communications - falsification
(Established)


Additional Orders:

Name Suppression to Complainant and/or Patient and/or client

Complainants granted interim suppression of name and identifying features

Med16352P.pdf


Name Suppression to Complainant and/or Patient and/or client

Complainants and witnesses granted permanent name suppression

860Med16352P.pdf


Appeal Order:

(Quashed)
Location
HC
Outcome
The practitioner has appealed to the High Court the jurisdiction of the Tribunal to impose the penalty orders sought. The High Court dismissed the appeal. (Hirron Fernando v Professional Conduct Committee, CIV-2016-485-000976 [2017] NZHC 1208)


Decision:

Substantive Decision
Decision declining application to dismiss the charge
839Med16352P.pdf


Full Decision
860Med16352P.pdf


Appeal Decision:

Penalty Decision
(Quashed)
Outcome

The practitioner has appealed to the High Court the jurisdiction of the Tribunal to impose the penalty orders sought.  The High Court dismissed the appeal. (Hirron Fernando v Professional Conduct Committee, CIV-2016-485-000976 [2017] NZHC 1208)



Precis of Decision:

Charge

On 19 September 2016 the Health Practitioners Disciplinary Tribunal considered a charge laid by the Professional Conduct Committee against Dr Hirron Fernando, registered medical practitioner formerly of Hawkes Bay (the Doctor).

The charge alleged that the Doctor, whilst working in the United Kingdom, contacted NZ hospitals and falsely claimed he had patients in the UK and requested their health information which he later used for his own private purposes in a UK court.

The Doctor did not appear at the hearing, nor was he represented.  The hearing proceeded on a formal proof basis.

Finding

The Tribunal was satisfied that the charges were made out and professional misconduct had been established in this case that warranted disciplinary sanction.

The Tribunal noted that an unusual feature of this case was that during the period of time in which the Doctor conducted himself in this way, although a New Zealand registered doctor, he did not hold a current practising certificate and was living and working abroad.

Penalty

The Tribunal censured the Doctor and cancelled his registration.  The Tribunal ordered costs of $30,428.77 towards the Tribunal's costs and $26,480.40 towards the PCC's costs.

The practitioner appealed to the High Court the jurisdiction of the Tribunal to impose the penalty orders sought.  The High Court dismissed the appeal. (Hirron Fernando v Professional Conduct Committee, CIV-2016-485-000976 [2017] NZHC 1208)