Health Care Complaints Commission v Al-Mozany

REASONS FOR DECISION REASONS FOR DECISION Introduction General background to the proceedings The Commission's position The practitioner's position The Amended Complaint Background Complaint One - s 139B(1)(a) of the National Law Complaint Two - s 139B(1)(a) of the National Law Complaint Three - s 139E of the National Law Evidence of the Commission The non-expert evidence Summary of evidence The expert evidence The evidence relied on by the practitioner The non-expert evidence The expert evidence of the practitioner Assessment of the lay witnesses' credibility The Commission's witnesses The practitioner's witnesses Submissions Consideration of Particulars of Complaint One The Patients Approach to consideration The first sub-set of allegations: failure to conduct appropriate initial assessments; failure to formulate appropriate treatment plans, failure to obtain informed consent Patient A Patient B Patient C Patient D Patient E Patient F Patient G Patient H Patient I Patient J Patient K Patient L Patient M Patient N Conclusion re first subset of Particulars The second subset of Particulars: the failure to adequately monitor the general dental health of Patients A, C, E, F, G, H, I and J; the failure to provide appropriate orthodontic treatment to Patients A to J and M Patient A Patient B Patient C Patient D Patient E Patient F Patient G Patient H Patient I Patient J Patient M Conclusion re second sub-set of Particulars Conclusion re Particulars of Complaint One Consideration of Particulars of Complaint Two Relevant law and authorities Consideration of Complaint One Consideration of Complaint Two Consideration of Complaint Three Conclusion Orders

1. Table of Contents