Sanction of “advice” against doctor for failing to request medical tests is quashed

Medical negligence - Professional disciplinary law - doctors appeal of a finding of “Poor Professional Performance” - Inquiry held by Fitness to Practice Committee of the Medical Council - doctor made once-off error - extent to which that amounts to poor poor professional performance - doctor failed to request basic tests relating to blood tests, urine tests and kidney function tests - doctor failed to write up notes of his examination of patient - doctor was called away to deal with another patient - patient suffering from widespread lymphoma - failure to order tests did not cause any injury - no causal consequence - Committee recommended the sanction of an admonishment - second lowest sanction - 6 years between decision and appeal - nature of s.75 appeal - meaning of poor professional performance - full de novo hearing - medical council bears onus of proof - standard of proof beyond reasonable doubt - consultant medical oncologist expert - independent on behalf of CEO - report stated belief that allegations constitute poor professional performance - further that these were serious omissions - report and evidence of independent expert witness for applicant - court finds error on part of appellant not to order tests - court note nub of case is seriousness - whether gap between de minimis errors and serious errors - court doesn't decide issue and waits for more appropriate case - court balances mitigating and aggravating factors - court ultimately not satisfied that it is proven that the appellant’s conduct constitutes so serious a falling short of standards as to warrant a finding of PPP on his professional record - appeal allowed - sanction quashed.