Dr Irfan Cakan – Guilty of professional Misconduct - registration cancelled

10 Jan 2018

The Health Care Complaints Commission prosecuted a complaint against general practitioner Dr Irfan Cakan (formerly known as Dr Irfan Kuroz) before the NSW Civil and Administrative Tribunal (‘the Tribunal’), alleging that Dr Cakan tested positive for illicit substances and that, over a period of approximately two years, Dr Cakan did not comply with the conditions on his registration which required that:

• he attend urine drug testing and alcohol testing, and

• he not self-administer any schedule 4D or schedule 8 drugs or narcotics/non-prescription analgesia or cold medication unless directed to by his treating practitioner.  

The Commission also alleged that Dr Cakan: 

• failed to provide any adequate or prompt reasons to the Medical Council of NSW for his failure to attend testing at various times.

• gave misleading and untruthful information to the Medical Council of NSW about the reasons for his positive drug test results and for his non-attendance at drug testing. 

• is impaired in that he has a substance abuse disorder and a mental health illness.

On 5 January 2018, the Tribunal found all allegations against Dr Cakan proved and that they amounted to professional misconduct. The Tribunal considered that:

“[H]is conduct in breach of the conditions of his registration, his dishonesty in dealings with the Medical Council, his minimisations and lack of frankness about the extent of his drug and alcohol use to his treating psychiatrist, his repeated changes of treating psychiatrist, and his repeated rejection of therapeutic recommendations by [the Council appointed psychiatrist] Dr Pethebridge, indicate a lack of insight into the seriousness of his drug problems, his practice conditions, his breaches of those and his conduct and statements misleading the Council and others about his drug use and a lack of commitment to staying clean before his latest suspension”.

The Tribunal also found Dr Cakan to be impaired, such that his capacity to practice as a medical practitioner was likely to be detrimentally affected.

Decision

The Tribunal cancelled Dr Cakan’s registration as a medical practitioner and ordered that he cannot seek to reapply for registration until 11 July 2019.

Further Information

The Tribunal’s judgment can be found at the NSW Caselaw

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

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.