Dr Julian Fidge in court win over addict prescription concerns

Dr Julian Fidge angrily took aim at medical authorities yesterday, saying "the problem is not me, it's the Medical Board of Australia".

The Wangaratta GP was banned from giving scripts for certain drugs after concerns were raised about him allegedly enabling a patient's addiction.

Dr Fidge called the Wangaratta hospital emergency department on May 28, 2021, to indicate his patient might attend.

He had been prescribing her medication including oxycodone, diazepam and a codeine-based painkiller.

Dr Fidge said he had wanted to stop prescribing for her and told her to go to hospital over concerns about withdrawal seizures.

A doctor spoken to by Dr Fidge raised concerns that the patient was addicted to drugs and that Dr Fidge was enabling her behaviour.

The Australian Health Practitioner Regulation Agency was notified and, following an investigation, cautioned him about "inappropriate prescribing practises for opioid medication".

The medical board banned Dr Fidge from prescribing schedule 4 and 8 medications until he had undergone further education and an audit.

The GP lodged an appeal, which was successful in the Supreme Court on Thursday.

The conditions placed on his registration were stayed, pending further review or a further order.

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The decision allows him to prescribe certain analgesia for patients provided he consults with a colleague first.

The court heard Dr Fidge had been "obstructive" with the board's investigation.

"On balance, I am of the view that it is appropriate to grant the application for a stay," Justice James Gorton said.

"On the material presently available, in my judgement the risk to the public of granting the stay is outweighed by the other considerations referred to.

"I have not overlooked the fact that Dr Fidge did not assist the board in its investigation.

"For example, he refused to provide a copy of the clinical notes of his patient on the grounds that they may 'incriminate' him."

While Dr Fidge said the outcome was a "reasonable result", he took aim at the medical board and said he had lodged a complaint with the Legal Services Commissioner.

"They keep making these allegations without any proper basis," he said of the board.

"It's just unbelievable."

He said the steps had been taken against him based on hearsay.

"It's just bulls---," he said.

"I'm one of the best trained doctors in Australia to be doing what I'm doing.

"The board completely ignored all of that.

"I take my job very seriously, I can demonstrate, I can prove, that I am well trained and very experienced in the work that I do."

Dr Fidge, who has continued to work during the legal matters, expects the legal proceedings to continue for years.

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