Former PSR director Professor Julie Quinlivan will be appealing the finding that she committed misfeasance in public office.
Central Queensland ophthalmologist Dr David Kitchen has had another win in his ongoing civil suit against former Professional Services Review director Professor Julie Quinlivan, with the courts adding an extra $120,000 to his damages.
In December, the Supreme Court of Queensland’s Justice Rebecca Trenton found that Professor Quinlivan either “knowingly acted in excess of her power or acted with reckless indifference or deliberate blindness to the invalidity or lack of power” in referring Dr Kitchen to a committee of peers.
This process ultimately ended with Dr Kitchen being disqualified from billing Medicare.
The crux of the civil case is that there were just 17 minutes between Professor Quinlivan being emailed a copy of Dr Kitchen’s 96-page written submission and Professor Quinlivan starting the formal process of referring him to a PSR committee.
Under the Health Insurance Act 1973, the PSR director is legally obliged to take all submissions from a practitioner under review into account before taking further action.
Professor Quinlivan claimed in court that she had reviewed a printed version of Dr Kitchen’s submission in the days before the emailed version was sent, but Justice Trenton ultimately found in Dr Kitchen’s favour.
In the December judgement, she awarded Dr Kitchen $1,986,300.66 in damages.
As of 26 February, that figure has been increased to $2,107,530.81.
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Of the original sum, $50,000 was awarded for general damages. These cover the humiliation, embarrassment and damage to Dr Kitchen’s professional reputation as a result of Professor Quinlivan referring him to a PSR committee.
Another $100,000 was awarded in exemplary damages; these are meant to serve partly as a deterrent, rather than just compensation for the plaintiff.
The balance of the damages in the original order included $1,347,500 for loss of income, $80,730.43 for expenses incurred during the investigation and subsequent court proceedings and $408,070.23 in legal costs.
Justice Trenton has now adjusted to account for interest on the general damages, investigation expenses and legal cost elements, adding another $121,230.15 to Professor Quinlivan’s bill.
The Medical Republic understands that Professor Quinlivan has lodged an appeal, which will be heard in mid-April.
