One unsigned form, one backdated declaration, and a doctor’s career was placed under scrutiny by the Medical Board of Australia. Medical Board of Australia v Carr (Review and Regulation) [2023] VCAT 945 is a decision made by the Victorian Civil and Administrative Tribunal concerning a breach of the statutory requirement for the completion of a declaration by a person who is seeking voluntary assisted dying under the Voluntary Assisted Dying Act 2017 (Vic). Dr Carr was the coordinating medical practitioner for a patient seeking access to the Voluntary Assisted Dying in February of 2020. During the consultation, the required written declaration of the patient’s request was completed in the presence of two witnesses and the doctor but not signed and dated.
Despite this, Dr Carr submitted the declaration to the Voluntary Assisted Dying Review Board and the error was identified and sent back to Dr Carr for recompletion. Once again, the patient attended the practice alone to sign the document and backdate it to the original consultation date. There were also not witnesses to this as required. The form was then submitted to the Voluntary Assisted Dying Review Board and the process was completed. Th patient died on 1 April 2020.
The central issue of this matter was whether the failure to comply with the requirements under the Voluntary Assisted Dying Act 2017 (Vic) amounted to professional misconduct. The provision of the act imposes strict obligations on medical practitioners due to the sensitivity and seriousness of Voluntary Assisted Dying. Dr Carr later admitted to his breach and that his conduct constituted professional misconduct. The parties jointly decided that he be reprimanded and fined and the Tribunal agreed with the decision. The case can be read here.
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