Return
File Number: Med16/352P
Practitioner: Hirron Fernando
Hearing Start Date:Hearing End Date:
Hearing Town/City:
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)
Appeal Decision:
Penalty Decision
Outcome
The Doctor appealed to the the High Court the jurisdiction of the Tribunal to impose the penalty orders it made. The High Court dismissed the appeal. (Hirron Fernando v Professional Conduct Committee, [2017] NZHC 1028)
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.
Appeal
The Doctor appealed to the High Court the jurisdiction of the Tribunal to impose the penalty orders it made. The High Court dismissed the appeal. (Hirron Fernando v Professional Conduct Committee, [2017] NZHC 1028)