Register
Professional Misconduct

Darwin Rivera


Address: Sydney, NSW, Australia
Age: 60
Sex: Male
Occupation: Doctor
Date: Dr. Darwin Rivera wa


Details



Dr. Darwin Rivera was reprimanded on 10 February 2005 by a Medical Tribunal.


Pursuant to Section 51 (1) of the Medical Practice Act 1992 as amended, the Health Care Complaints Commission complained that Dr. Darwin Rivera, a medical practitioner registered under such Act was of unsatisfactory professional conduct and/or professional misconduct within the meaning of s. 36 and s. 37 of the Act in that the practitioner:-


(i)            has demonstrated a lack of adequate knowledge, skill, judgment or care in the practice of medicine and/or


(ii)           has been guilty of improper and unethical conduct relating to the practice of medicine."


Particulars of the complaints were as follows:


On February 2000 during a professional consultation with a female patient, Patient A, in St. Vincent's Hospital Sydney, the practitioner:


(a) performed an examination of Patient A's genital area without proper and sufficient clinical indications for doing so;


(b) failed to seek and obtain Patient A's prior verbal consent to the examination;


(c) failed to adhere to standard infection control requirements in the conduct of the examination namely wearing gloves and washing his hands before and immediately after the examination;


(d) failed to arrange for a member of nursing staff to be present during the examination as required by the Hospital policies;


(e) inappropriately held Patient A's hand after the examination.


In February 2000 the practitioner failed to make a medical record of his examination of Patient A contrary to Schedule 2 of the Medical Practice Regulation 1998.


On or about 17 September 2000 during a professional consultation with a female patient, Patient B, in Wagga Wagga Base Hospital, the practitioner:


(a)          asked the patient to remove her underwear during a physical examination without proper and sufficient clinical indications for doing so;


(b)          visually examined Patient B's genital area without proper and clinical indications for doing so.


On or about 18 September 2000 during a professional consultation with Patient B in Wagga Wagga Base Hospital the practitioner:


(a)          asked Patient B to remove her underwear during a physical examination without proper and sufficient clinical indications for doing so;


(b)          visually examined Patient B's genital area without proper and clinical indications for doing so;


(c)           inappropriately rubbed Patient B's anus and clitoris;


(d)          inappropriately massaged Patient B's legs;


(e)          failed to adhere to standard infection control requirements in the conduct of his examination of Patient B, namely wearing gloves and washing his hands immediately before and after the examination.


Between 12 September 2000 and 19 September 2000 the practitioner failed to make a medical record of all examinations of Patient B contrary to Schedule 2 of the Medical Practice Regulation 1998.


The orders made by the Tribunal were;


1.            That the complaint that Dr. Darwin Rivera is guilty of professional misconduct is proved;


2.            That the name of Dr. Darwin Rivera be removed from the Register of Medical Practitioners kept pursuant to the Medical Practice Act 1992 as amended;


3.            That Dr. Darwin Rivera pay two thirds of the costs of the complainant of these proceedings; and


4.            That the Health Care Complaints Commission pay one third of the costs of Dr. Darwin Rivera of these proceedings.