Muhammed Jahangir worked as a general practitioner at a clinic when an allegation was made against Dr Jahangir that he indecently assaulted as 21 year old female patient in his treatment rooms. The patient made a complaint to the police, which was ultimately withdrawn.

However, Dr Jahangir failed to comply with certain voluntary undertakings he had given during the course of the investigation. As a result of this, the Medical Board of Australia commenced disciplinary proceedings against Dr Jahangir before the South Australian Health Practitioners Tribunal for professional misconduct.

Background Facts

Dr Jahangir undertook his primary medical training in Pakistan, where he is recognised as a specialist physician. He came to Australia in November 2011 under the 457 Visa arrangements, and obtained permanent residency in Australia in February 2018. He was registered as a medical practitioner in November 2011. In July 2012 the Australian Health Practitioner Regulation Agency (AHPRA) received a notification from the South Australia Police, alleging that in July 2016 Dr Jahangir indecently assaulted a 21 year old female patient in his treatment rooms. Dr Jahangir was charged with one offence. In February 2014 this charge was dropped.

Following notification Dr Jahangir gave a number of voluntary undertakings including that:

  • he would only consult with female patients in the presence of a chaperone (who was a registered nurse);
  • he would provide the Medical Board with a monthly report of all female patients with whom he had consulted;
  • the undertakings would remain in force until amended or removed by the Board, and any breach of the undertakings would render him liable to further disciplinary action.

In August 2012, Ms Brenda Moyle was authorised to act as the approved chaperone.

Mr Jahangir breached these undertakings and his professional obligations as a medical practitioner, including by consulting with female patients without the chaperone on 13 separate occasions, failing to ensure that two reports (chaperone logs) provided to AHPRA were not false, inappropriate conduct during investigation, and failing to seek advice from an experienced colleague, his professional indemnity insurer, or the Medical Board of Australia when he encountered difficulties in complying with his undertakings.

In September 2013 the Immediate Action Committee (IAC) of the Medical Board decided to investigate a breach of the undertakings. In September 2013, the IAC decided to revoke the undertakings and impose Immediate Action Sanctions. In October 2014 the Medical Board of Australia determined that the conditions imposed on Dr Jahangir's registration were no longer necessary and revoked the conditions.

Findings

The Tribunal found that Dr Jahangir's conduct was professional misconduct under the Health Practitioner Regulation National Law (South Australia) Act 2010. Breaches of undertakings are regarded as serious. Failing to comply with them falls far short of the conduct expected of a registered medical practitioner. The Tribunal took into account that Dr Jahangir acknowledged the wrongfulness of his conduct and was genuinely remorseful. He had voluntarily completed a program of education. Dr Jahangir was reprimanded and ordered to pay a fine of $15,000 in addition to payment of the Medical Board's costs in the amount of $20,000. No end date on the posting of the reprimand on the Register was fixed.