Latest news with #professionalmisconduct
ABC News
4 days ago
- Health
- ABC News
Italian osteopath practising in Canberra sexually assaulted patient, civil tribunal finds
Warning: This story contains details of sexual assault. An Italian osteopath practising in Canberra engaged in professional misconduct by touching and penetrating a patient "without clinical justification, for a sexual purpose", the ACT Civil and Administrative Tribunal (ACAT) has found. Daniele Caminiti is an Italian citizen who worked as an osteopath in Canberra in 2022 after receiving provisional registration with the Osteopathy Board of Australia the previous year. Court documents show the man returned to Italy just days after his employer said it was investigating serious allegations against him, including that he had sexually assaulted a patient and used clinic records to contact the woman. A colleague of Mr Caminiti's first raised the alarm on April 4, 2022, notifying the Osteopathy Board of Australia that a female patient had disclosed to him that Mr Caminiti had "entered her vagina with one or more digits during a consultation". The patient had seen Mr Caminiti three times as she had been suffering from hip and sciatica pain and rheumatoid arthritis, with the sexual assault and professional misconduct occurring during the third appointment. Court documents state on March 28, 2022, Caminiti massaged the patient's legs and inner groin at which time she said she told Mr Caminiti "that she was not hurting there, but he did not respond". The patient reported that Mr Caminiti then massaged her labia, before inserting his index finger into her vagina, prompting her to jump off the bed, saying "what are you doing?" The woman said he apologised and she responded: "It's okay, I forgive you" before mr Caminiti continued the treatment with acupuncture and bone adjustments. She then paid at reception and made another appointment. "I kept replaying in my mind what happened, trying to make sense of it all. Every hour I was crying, I didn't know who to tell, I was so scared and embarrassed. He was my practitioner and I trusted him," the patient told the tribunal. But before the next appointment, the woman rang the clinic and told the receptionist that she did not want Mr Caminiti to touch her body again because "he had inserted his finger into her vagina". She booked in to see another practitioner who went on to report Mr Caminiti's misconduct to the board. That practitioner said Mr Caminiti tried to enter the room to speak to the woman during that session, but he blocked Mr Caminiti from doing so. ACAT is required to prove any misconduct to the civil standard of proof which is on the balance of probabilities. It said it had done this in the case of Mr Caminiti, with his professional misconduct including that he had accessed the patient's clinical records to get her mobile phone number to text her from his personal mobile number, apologising and asking for her silence. A photograph of the text message was used as evidence in the proceedings, with Caminiti texting the woman: "Please don't mention this to anyone, it could jeopardise my entire career, destroy my family". ACAT's decision disqualifies Mr Caminiti from applying for registration as a registered health practitioner for seven years or providing any health service to a female patient for the same duration. Mr Caminiti's Canberra employer wrote to him on April 4, 2022 telling him not to come to work while it investigated serious allegations. That was the same day the woman disclosed the misconduct to Mr Caminiti's colleague. A police report about the allegations was made two days later. Court documents show an Australian Border Force officer confirmed to the Australian Health Practitioner Regulation Agency that Mr Caminiti "departed the country bound for Italy on 9 April 2022". The tribunal said Mr Caminiti left Australia "shortly after the allegations against him were made and has been practising since that time in Italy". The tribunal held a one-day hearing in February this year which Mr Caminiti did not participate in.
BreakingNews.ie
02-06-2025
- Health
- BreakingNews.ie
Physiotherapist at Dublin nursing home struck off over failure to disclose UK suspension
A physiotherapist has been struck off over his failure to notify his regulatory body that he had been temporarily suspended from practising in the UK amid concerns over his professional competency. An inquiry found Thangapandian Subramanian guilty of professional misconduct for failing to notify CORU's Physiotherapists Registration Board that he had been made the subject of two interim suspension orders by its UK counterpart in February and August 2023. Advertisement Mr Subramanian, who worked at the TLC nursing home in Citywest, Co Dublin, had his registration suspended by the UK's Health and Care Professions Council (HCPC) two years ago. The Indian native, who had worked as a physiotherapist for over 24 years, had been registered to work in Ireland since March 2019. The inquiry by CORU's Professional Conduct Committee also found that Mr Subramanian had breached the Health and Social Care Professional Act 2005 in relation to the requirement to update information and correct errors. It followed admissions by the physiotherapist about his failure to notify CORU – the regulatory body of health and social care professionals – about his suspension from practising in the UK and his acceptance that it constituted professional misconduct. Advertisement Mr Subramanian acknowledged that the failure also constituted breaches of the Code of Professional Conduct and Ethics for Physiotherapists. However, he insisted the issue arose out of a 'misunderstanding.' The inquiry heard the physiotherapist had provided false responses when filling out forms about whether he had ever been registered with another regulator and, if so, if he had any restrictions placed on his practice or had adverse findings made against him. Counsel for CORU, Eoghan O'Sullivan BL, told the inquiry that all physiotherapists have a duty to notify CORU within seven days of any matter which might affect their registration. Advertisement The inquiry heard that CORU only became aware of the interim suspension orders in August 2023 when the HCPC sent its Irish counterpart a list of registrants whose practice was subject to restriction. In correspondence with CORU, Mr Subramanian apologised 'unreservedly' for the lack of honesty he had shown when renewing his registration in September 2023. Mr Subramanian said he had asked the HCPC that same month to cancel his UK registration as he did not want to return to work there, but had not realised that his registration could not be cancelled while a complaint against him was being investigated and an interim suspension order was in place. 'I thought I could remove my name from the register and the complaint would be closed,' he explained. Advertisement In further correspondence, the physiotherapist claimed he wrongly believed when filling out the registration form for CORU that questions about any restrictions on his practice only related to matters within the jurisdiction of Ireland. Mr Subramanian insisted that providing incorrect information was unintentional, as he had not meant to withhold information. The inquiry heard that the physiotherapist had been suspended for an initial period of 18 months in the UK over concerns about his work with the Kent Community Health NHS Foundation Trust. The issues related to the physiotherapist's general conduct, clinical knowledge, poor communications and documentation errors. Advertisement It was also claimed Mr Subramanian had got a trauma patient to carry out repeated weight-bearing exercises when they were unable to do it, as well as keeping inaccurate records which did not make 'clinical sense.' The physiotherapist said he had resigned from his job with the NHS due to pressure and rejected the concerns raised about his performance, which he claimed were 'baseless, racially motivated and fabricated.' In recommending that Mr Subramanian's registration should be cancelled, the inquiry's chairperson, Shane McCarthy, said he had dishonestly misrepresented that he was not the subject of an interim suspension by his regulator in the UK. Ireland 'Taking cocaine is completely normalised now', rec... Read More 'The committee finds that honesty is expected of all members of society and of members of a profession as it goes to public safety and the reputation of the profession,' said Dr McCarthy. He said the committee did not accept Mr Subramanian's claims that his lack of transparency and honesty was not deliberate. Dr McCarthy said the sanction of cancelling the physiotherapist's registration pointed to the gravity of his misconduct and was necessary to protect the public. Although he had expressed remorse and demonstrated limited insight, Dr McCarthy said the committee was not convinced that his insight minimised a repetition of the conduct as he appeared more focused on getting back to work in Ireland.
Irish Times
22-05-2025
- Business
- Irish Times
Suspended solicitor Declan O'Callaghan loses challenge over disciplinary tribunal procedures
The president of the High Court has rejected a challenge by suspended solicitor Declan O'Callaghan, which could have further delayed a bid to have him struck off the roll of solicitors for professional misconduct over his handling of a land deal in Co Mayo. Mr O'Callaghan had brought a judicial review challenge over the procedures adopted by the Solicitors Disciplinary Tribunal in reaching its findings last year of professional misconduct over the 2007 land deal. Barrister Ruadhán Ó Chiaráin, for Nirvanna, the company that brought the complaint against Mr O'Callaghan to the tribunal, had argued the 'convoluted judicial review' by Mr O'Callaghan was not permissible and was an attempt to delay the hearing of his High Court appeal over the tribunal's findings. If Mr O'Callaghan loses his appeal, the High Court will then consider whether or not to grant an application by the Law Society to strike him off. READ MORE His challenge to the tribunal's procedures, which included claims it breached his right to fair procedures, was heard by the High Court president, Mr Justice David Barniville, on Thursday. Having heard submissions from Michael Mullooly, for Mr O'Callaghan, and from Mr Ó Chiaráin, the judge said he was rejecting the challenge and would give his reasons for that in a written judgment next week. His decision clears the way for the hearing, on a date to be fixed, of the appeal and, if that is unsuccessful, the strike-off application. The Law Society has agreed with the tribunal recommendation that Mr O'Callaghan be struck off, but the final decision on whether or not to grant a strike-off order must be made by the High Court president. The three-member tribunal had last summer found Mr O'Callaghan guilty of four counts of professional misconduct over his handling of the 2007 land deal involving a company of Co Mayo businessman Tom Fleming. Now aged 80, Mr Fleming claimed Nirvanna never received €250,000 for selling the land to a now-deceased businessman. Mr O'Callaghan denied the sum was owed, and disputed the transaction was for 'sale' of the lands. The tribunal upheld the Nirvanna complaint, finding professional misconduct on grounds Mr O'Callaghan breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was 'a clear conflict of interest'. In recommending strike-off, the tribunal also had regard to two findings of professional misconduct previously made by it against Mr O'Callaghan, suspended as a solicitor since 2018 arising from a separate Law Society investigation into matters at his now defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghderreen, Co Roscommon. The suspension was imposed pending a tribunal hearing of the society's application for an inquiry into matters arising from its investigation. Concerns raised in an independent solicitor's report for that investigation included that Mr O'Callaghan withdrew substantial fees from the estate of a bereaved child. Findings of professional misconduct were previously made against Mr O'Callaghan in 1990 and 2019. The 1990 finding was on grounds including Mr O'Callaghan had, improperly and knowingly, applied clients monies for personal benefit, purchase of a private dwelling residence and a car, and the making of repayments to a building society. That led to a High Court direction in 1991 he should practice for some three years under the supervision of a more senior solicitor. In November 2019, the tribunal found him guilty of professional misconduct over findings including he failed to remit costs and outlays to a law firm arising out of litigation between their client and a deceased person, resulting in Circuit Court proceedings being issued against the complainant firm's client. Mr O'Callaghan was censured and ordered to pay €10,000 to the Law Society's compensation fund, plus €7,500 towards the society's costs.
RNZ News
16-05-2025
- Health
- RNZ News
Blood lab medical technician Sejal Rao loses registration after CV fraud
By Tracy Neal, Open Justice reporter of When Sejal Rao applied for the lab technician job she didn't say she had used the false information to gain registration. Photo: 123RF A medical lab technician used false information about her abilities and qualifications to get a job with the New Zealand Blood Service and registration with the Medical Sciences Council. Sejal Rao claimed in her CV she was a "Doctor of Medicine" and that she was involved in "Tetangata" tutoring at the University of Auckland, and later at the University of Tasmania. She also named false referees among the seven listed, including one she made up entirely. Rao was eventually caught out by an audit of the NZ Blood Service's online reference checking system, which flagged discrepancies in her application and an investigation followed. Rao blamed her mother, who she said had helped her apply for the job, among a number of responses to the allegations. The allegation against her mother formed part of one of the three comprehensive charges against Rao. The Health Practitioners Disciplinary Tribunal found her attempt to deflect blame on her mother was "grossly dishonest". In June 2023, the Professional Conduct Committee appointed by the Medical Sciences Council laid three disciplinary charges against Rao for professional misconduct. The charges were linked to her use of false information when applying for provisional registration with the council and failing to disclose that it was fraudulent. When she applied for the lab technician job, she didn't say she had used the false information to gain registration. The tribunal found earlier this year that the charges against Rao were proved. Her registration has now been cancelled, she has been censured and ordered to pay $13,000 towards the costs of the disciplinary process. Rao had earlier admitted some aspects of her CV were false or misleading, notably that she did not attend medical school at the University of Melbourne and had not studied for a medical degree. She does, however, hold a science degree, with a major in biomedical science, after she graduated from the University of Auckland in October 2020. The tribunal said the extent of Rao's fabrication was "somewhat inexplicable" as she was, in fact, suitably qualified to be employed as a medical lab technician, yet she kept on embellishing her CV. A 33-page summary of facts from December 2023 showed Rao had applied for a position as a medical lab technician at the blood service before her provisional registration in June 2021. Having accepted the offer of employment, Rao then applied to the Medical Sciences Council for provisional registration as a lab technician. Under the heading "academic profile" in her CV, Rao claimed to be a Doctor of Medicine at the University of Melbourne from 2020-2022. She also falsely claimed she was studying at the University of California, Los Angeles (UCLA), for a Doctor of Medicine qualification. The tribunal said Rao's claim she was involved in "Tetangata" tutoring seemed to reference te reo Māori, "te tangata" - the people, and "rather oddly" was referred to as part of a tutoring programme at the Australian University. "The tutoring programme did not exist. Therefore, she had never been a te tangata tutor," the tribunal said. The email addresses Rao provided for a professor and a doctor as referees were not valid email accounts used by those individuals, but email accounts created by her. A named referee, "Cassidy Lawrence", was not a real person, and the email account was a fabrication, the tribunal said. There was further fraudulent information regarding an academic transcript from the University of Tasmania and a forged signature for a Certificate of Standing from an unnamed doctor. Rao also supplied a fabricated document from UCLA purporting to offer her a scholarship to the university. The fraud was detected during an audit in mid-2022 of the blood service's online reference checking system, which issued a warning message. It flagged Rao, and a doctor and a professor she had named as referees, as having all used the same IP address to submit information for her job application in June 2021. Rao was suspended from her job in June 2022, pending the final outcome of the employment investigation. A month later, she was summarily dismissed. The tribunal considered that Rao's conduct was malpractice rather than negligence because it was "intentionally dishonest and highly unethical". It said her "elaborate and deliberate pattern of behaviour" was a serious breach of the Code of Ethical Conduct. In her favour was her relative youth and her self-proclaimed immaturity. She claimed mental distress in her life as matters underpinning her conduct. The tribunal acknowledged her co-operation with the investigation and the process that followed. It would be for the Medical Sciences Council to consider if Rao was fit to practise, should she reapply for registration. NZME has attempted to reach Rao via a social media channel. * This story originally appeared in the New Zealand Herald .
CTV News
09-05-2025
- CTV News
Toronto doctor stripped of licence after admitting to committing an indecent act while parked in the Beaches
The College of Physicians and Surgeons has revoked the licence of a Toronto doctor who admitted to harassing 12 young girls over a six-month period and committing an indecent act in front of a woman in Toronto's Beaches neighbourhood in 2021. In a written decision released this week, a disciplinary panel revoked the licence of Dr. Armen Parajian, who admitted to professional misconduct after he pleaded guilty to criminal harassment in 2021. According to an agreed statement of facts, on multiple occasions between Nov. 28, 2020 and May 18, 2021, Parajian drove his white Jeep in the area of Blantyre Park in Toronto and would slow down or stop in the vicinity of girls, ages 10 to 15. 'On each of these occasions, he drove slowly near the groups of victims who were together. On more than one occasion the accused also stopped near where the victims were located for no apparent reason,' the statement of facts read. 'On more than one occasion it appeared to the victims that he was pretending to use his phone to record or photograph them when he stopped near them.' The tribunal wrote that the accused was 'completely unknown to the victims' at the time of the incidents. 'Throughout these encounters, it appeared to the victims that the accused was following or watching them. As a result, the victims reasonably feared for their safety based on their perception of the accused's conduct,' the agreed statement of facts continued. The tribunal went on to say that, Parajian admitted to committing an indecent act in 2021 in the passenger seat of his Jeep while parked on the street in the Beaches. According to the tribunal documents, he drove off after he was confronted by an adult victim who witnessed the incident and was concerned about two young girls who were in the area at the time. 'These events happened in Toronto's Beaches neighbourhood. For a period of about two years before that, there had been numerous reports of indecent exposure by a man in a white Jeep in the area,' the tribunal decision read. The tribunal said that in December 2021, Parajian pleaded guilty in the Ontario Court of Justice to the offence of criminal harassment 'by repeatedly following' in connection with the 13 victims. Fourteen other charges were withdrawn by the Crown at that time and Parajian was sentenced to three years of probation, which has now been completed. 'Dr. Parajian pleaded guilty in criminal court and admitted the misconduct here, sparing the victims from having to testify,' the tribunal wrote. Other mitigating factors, the tribunal decision read, include showing 'insight by both admitting the facts and 'recognizing the seriousness of his misconduct.' 'The character letters speak strongly of Dr. Parajian's commitment as a physician and to the fact that this conduct was an aberration. Through counselling, Dr. Parajian continues to address the issues that led to his actions,' the panel wrote. They went on to say that revocation was 'nevertheless clearly an appropriate penalty.' 'Dr. Parajian's actions had a profound impact on the victims,' the panel said. 'Those he followed were children, a particularly vulnerable group.' The panel noted that physicians are tasked with protecting and healing the public and the 'publicity around these incidents has diminished the public's confidence.' 'Revocation will help maintain that confidence,' the panel concluded in its decision.
