Health Ombudsman v Rathie [2026] QCAT 180 (Link to AUSTLII).
Ren Li drew attention to this unusual conduct matter, though it is interesting to consider whether some of the patients might have pursued breach of privacy claims.
Dr R had published 6 books, culminating in the book which is the subject of this note: The Anaesthetic Picture Book (no longer available from Amazon).
Over the course of 2023, the Respondent regularly took photographs while working at a Queensland hospital using his mobile phone, intending to use the photographs for a future publication. In or around September 2023, the Respondent published the book for sale on Amazon.
Two separate allegations were referred to the Tribunal by the OHO, as a result of the Respondent’s conduct, namely, that the Respondent:
(a) had breached patient confidentiality and privacy by, without patients’ consent:
(i) taking photographs of unnamed patient clinical records, including medical imaging and other entries;
(ii) taking and/or accessing photographs of unnamed patients’ surgical procedures, and foreign items retrieved during procedures;
(iii) taking and/or accessing photographs of unnamed patients undergoing procedures or examination;
(iv) publishing these photographs in the book, with each page nominating a date, and including commentary regarding unnamed patients’ medical conditions and/or nature of procedure and/or personal features or characteristics;
and
(b) had published or caused to be published inappropriate and/or insensitive commentary about patients, including comments about patients’ weight, reasons for attendance or medical procedures they required, and attributing them nicknames in the context of their attendance for treatment.
In submissions filed on behalf of the Respondent in late 2025, it was submitted on his behalf that he agreed with the OHO’s submissions on facts, characterisation and sanction. There was a finding of professional misconduct, a reprimand and a fine.
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