Does AHPRA owe doctors a duty of care while they are under investigation?
When UK anaesthetist Dr Sridharan Suresh killed himself after being investigated by police and the UK medical regulator, his family launched a legal bid to sue the regulator for negligence.
They argued the General Medical Council had an obligation to prevent foreseeable harm, particularly as its letter to Dr Suresh was not clearer that the allegations of sexual assault involving a teenage patient were not well-founded.
As reported by AusDoc last month, the family’s claim was thrown out on appeal, with the courts ruling that the council only owes a duty of care to the public, not practitioners.
The case is relevant to Australia, with AHPRA acknowledging the suicide deaths of 16 doctors following a complaint or investigation.