Dr Saeid Saedlounia – Professional misconduct
24 May 2017
In 2016, the Health Care Complaints Commission prosecuted two separate complaints before the New South Wales Civil and Administrative Tribunal (“Tribunal”) against Dr Saeid Saedlounia.
The first complaint related to Patient A, a 17 year old person who was biologically female but identified as male. It was alleged that in July 2014 Dr Saedlounia inappropriately touched and examined Patient A and failed to keep adequate records of his treatment and examination.
The second complaint related to Patient B, a clinical psychologist who, at the time of her attendance, was providing psychological treatment to Dr Saedlounia’s domestic partner. It was alleged that in 2014 Dr Saedlounia: inappropriately consulted with Patient B, made inappropriate comments about Patient B’s future surgical treatment in the presence of her children, and, that he also breached Patient B’s confidentiality by disclosing to his domestic partner that Patient B was one of his patients.
Dr Saedlounia did not participate in the hearing.
The Tribunal handed down its findings on 11 January 2017. The Tribunal found that Dr Saedlounia engaged in professional misconduct in relation to the first complaint in that he:
- Inappropriately asked Patient A if he had any bleeding whilst motioning towards his genital area
- failed to refer to Patient A’s clinical records prior to examining him
- failed to conduct an adequate medical examination of Patient A given the presenting symptoms, and
- failed to document an adequate history for Patient A.
The Tribunal also found proved that Dr Saedlounia inappropriately and without clinical indication:
- requested that Patient A remove his pants, underpants and roll over from his back to his side
- examined Patient A’s pelvic region by asking Patient A to keep his feet together and bend his knees outwards after asking him to pull down his underwear
- touched Patient A’s labia majora and did so without wearing gloves after administering an injection into Patient A’s buttocks
- administered an injection of clear fluid to Patient A, and
- prescribed Panadeine Forte to Patient A.
The Tribunal also found the second complaint proved, and that Dr Saedlounia had engaged in unsatisfactory professional conduct in relation to Patient B.
The Tribunal then considered stage 2 submissions addressing protective orders.
On 18 May 2017 the Tribunal made the following orders:
- If the practitioner were still registered as a medical practitioner, the Tribunal would have cancelled his registration for a period of two years.
- The practitioner is disqualified from being registered as a medical practitioner for a period of two years.
The Tribunal stated that because the respondent chose not to participate in the proceedings, it could not be satisfied that the respondent would not repeat the conduct or have any understanding of the inappropriateness of it.
The Tribunal stated that in respect of Patient A, the finding of professional misconduct of a sexual nature was sufficiently serious to justify suspension or cancellation of the respondent’s registration. The Tribunal also stated that the inappropriate prescribing of the panadeine forte to Patient A, his failure to examine that patient for the complaints made upon initial presentation, and the failure to examine the previous history demonstrated unsatisfactory professional conduct of a high degree, as did the making of the inappropriate remarks to Patient B about her cancer treatment in the presence of her family, including her children.
The Stage 1 decision may be read here
The Stage 2 decision may be read here
For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to firstname.lastname@example.org.
The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.