Charge Detail Summary

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File Number: Med17/396D
Practitioner: Nasser Shehata


Hearing Start Date:

Hearing End Date:

31/01/2018

01/02/2018


Hearing Town/City: Palmerston North

Hearing Location:

Carlton Room 2, Distinction Hotel, 175 Cuba Street, Palmerston North, commencing at 9.30 am

Executive Officer: Ms Debra Gainey (04) 381 6816


Charge Characteristics:

Informed consent - inadequate (Established)


Additional Orders:

Name Suppression to Practitioner

Practitioner granted interim name suppression

912Med17396D.pdf


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

Patient granted interim name suppression

912Med17396D.pdf


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

Patient granted permanent suppression of name and identifying details.

958Med17396D.pdf


Appeal Order:


Decision:

Full Decision 958Med17396D.pdf


Appeal Decision:

Penalty Decision
Outcome

The practitioner appealed the decision of the Tribunal in regard to the period of suspension.  The High Court dismissed the appeal.  Shehata v Director of Proceedings [2018] NZHC 615



Precis of Decision:

Charge

At a hearing held 31 January - 01 February 2018, the Health Practitoners Disciplinary Tribunal considered a charge  laid by the Director of Proceedings against Dr Nasser Shehata (the Doctor) of Palmerston North.

The charge alleged that the Doctor inserted a Mirena into a patient's uterus without her consent and that he should have or ought to have known his patient did not wish to have a Mirena inserted.

The Doctor admitted the first part of the charge but defended the second.

Finding

The Tribunal found that the charge was made out and disciplinary sanction should follow.

Penalty

The Tribunal censured the Doctor, suspended him for 3 months; fined him $2,500 and ordered conditions on resumption of practice.  The Tribunal ordered the Doctor to pay a total contribution of $28,400 towards the costs of the Tribunal and the PCC.

 

The Doctor appealed to the High Court against the Tribunal's penalty decision in regard to suspension of practice for 3 months.   The High Court dismissed the appeal.  Shehata v Director of Proceedings [2019] NZHC 615