Medical practitioner’s registration suspended for professional misconduct

18 Jul 2016

A medical practitioner who admitted to a sexual relationship with a patient has had his registration suspended for professional misconduct.

The Queensland Civil and Administrative Tribunal (the tribunal) suspended Dr Masoud Davatgaran Tabriz’s registration for six months from 7 October 2015.

In delivering its decision in September 2015, the tribunal noted that it would ordinarily be appropriate to suspend a practitioner’s registration for 12 months given the circumstances surrounding this matter.

However, the tribunal took into account Dr Tabriz’s loss of employment due to conditions which had previously been imposed upon his registration by way of immediate action and adjusted the length of the suspension accordingly.

The Medical Board of Australia (the Board) started disciplinary proceedings against Dr Tabriz in March 2014. The tribunal heard the matter in July 2015.

Dr Tabriz admitted to engaging in a sexual relationship with a patient that started in July 2011 and ended in mid-October 2011. He also admitted to involving himself in the patient’s medical care during their relationship, including suggesting and providing certain medications.

Dr Tabriz admitted that during his relationship with the patient, he:

• drove her to a hospital emergency department but did not accompany her inside (given the condition of the patient the tribunal found this behaviour to be ‘callous’)
• did not immediately inform the patient of his intention to marry another woman, or of his subsequent marriage, and
• continued a sexual relationship with the patient after returning from his wedding to another woman in Iran on 3 October 2011.

The relationship caused serious psychological damage to the patient, who suffered a major depressive episode.

The reasons for the tribunal’s decision are published on the AustLII website.