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Home / New Zealand

Sick-note doctor censured

Sophie Ryan
By Sophie Ryan
Live News Team Leader, NZ Herald·NZME.·
5 May, 2015 03:43 AM5 mins to read

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Daniel Quistorff leaves Auckland District Court. Photo / Doug Sherring

Daniel Quistorff leaves Auckland District Court. Photo / Doug Sherring

A doctor convicted of 37 charges of forging sick notes has been censured without being given a period of suspension by the Health Practitioner's Disciplinary Tribunal.

Daniel Lawrence Quistorff was found guilty of two charges brought by the Medical Council's professional conduct committee before the tribunal in Auckland today.

The charges were for being convicted of a crime with a maximum term of imprisonment of three years and for practicing medicine without a current practicing certificate.

Dr Quistorff - who referred to himself as "Mr McLovin" in an old social network profile - was convicted and sentenced to community work and supervision in the Auckland District Court last year.

The charge of practising without a medical certificate stemmed from Dr Quistorff referring two friends to a doctor whom he had sat in on consultations with at an Auckland health clinic.

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At the tribunal hearing today, Dr Quistorff read a statement and answered questions form the tribunal, saying he wanted to participate in the disciplinary process.

"I sincerely wish to engage in an open dialogue with the disciplinary arm of my professional body."

He told the tribunal he had taken counselling and psychiatric help to better understand his "weaknesses" that led to his offending.

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Dr Quistorff said his time being suspended and unable to practice as a doctor had shown him "what a privilege it is to be a doctor".

In conclusion, he apologised to the Auckland District Health Board (ADHB), the professional body, the public and the doctor he had forged the name of for the breach of trust. He said if his practicing certificate wasn't cancelled, he wanted to work as a GP.

"What I'd want to do first, if able, is to get my GP fellowship from a big, well-established GP clinic ... I'd do that diligently," Dr Quistorff said. "After that I'd probably do something similar, maybe set up my own practice with other like-minded GPs who also see the value with these long-standing relationships with the public."

Professional conduct committee lawyer Kate Feltham said Dr Quistorff didn't accept his offending at the outset of an investigation by his employer, ADHB, and didn't plead guilty in court.

"His actions damaged the reputation of his employer," she said.Ms Feltham said his actions showed Dr Quistorff "doesn't seem to fully appreciate the position of trust and responsibility that doctors are in".

She said there should be no lenience given by the tribunal because Dr Quistorff had served a sentence of community work and supervision that was handed down by the court.

She submitted that the fact Dr Quistorff hadn't be able to practice for three and a half years must be taken into consideration.

Dr Quistorff's lawyer Gaeline Phipps submitted to the tribunal that her client was "contrite, remorseful and reflective".

"Not working has been rehabilitative for him," she said.

Ms Phipps said the offending occurred when he was "young in experience as a doctor and young in maturity".

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"This young doctor will forever carry this with him," she said.

Later, the tribunal gave an indication of its orders ahead of a written decision, to be given in due course.

Tribunal chair Ms Maria Dew said the penalties applied in respect of both charges that have been established.

The first order was that there will be an order of censure against the practitioner.

"We do consider that the charges that have been established are serious matters and that the censure is to mark the serious nature of the charges.

"In this case, because of its particular characteristics and the fact that Dr Quistorff has has already been effectively suspended for some three-and-a-half years, we have determined that we will not order a suspension."

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However, in other circumstances, she said, these charges applied together would have warranted a six-month period of suspension.

The tribunal had determined that it was appropriate that the following conditions would be imposed on his return to practice and the conditions would apply for three years.

1) He is to advise all employers of this tribunal's decision and the conditions imposed for three years.

2) He is not to have a management or financial role in operations of any practice for three years.

3) He is not to practice as a sole practitioner for three years.

4) He is to undertake supervision with a suitable registered medical practitioner as approved by the NZ Medical Council.

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5) He has to apply to join a vocational training programme within 12 months of regaining a practising certificate.

6) For the period of three years, he is only to be employed by a medical practitioner as approved by the Royal College of General Practitioners as a training practice.

Regarding costs, Ms Dew said the tribunal determined that the practitioner should contribute 30 per cent of the costs of tribunal and of the professional conduct committee.

The tribunal did not consider it necessary or appropriate to impose a fine on charges.

"We wish you all the best in future practice."

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