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Doctor’s Eczema Cream Misconduct

This information sheet concerns a recent New South Wales Civil and Administrative Tribunal (NCAT) inquiry into the conduct of Dr Tuan-Anh Le, a general practitioner.

In its decision published 29 October 2024, the Tribunal found that Dr Le was guilty of professional misconduct.

Disclaimer: Dr Le may have the right to appeal in relation to these findings. This information sheet will be updated if and when this firm is made aware of any such development. 

Background

Dr Le:

  • was found to have prescribed an unapproved compound cream, known as CC cream, to patients, including young children, without sufficient clinical justification.
  • continued to prescribe CC cream, containing mercury-based compounds, despite awareness of toxicity concerns and elevated mercury levels in patients.
  • failed to disclose his financial interest in CC cream sales to patients and did not obtain adequate informed consent.

We empathise with those affected and believe that patients should expect safe, evidence-based treatments from their medical practitioners. This case highlights the importance of medical accountability and patient safety in healthcare.

If you or someone you know has received treatment from Dr Le that has led to adverse health outcomes, it is important to understand your legal options and potential compensation for harm suffered as a result of any professional misconduct.

Who is Dr Tuan-Anh Le?

Dr Le:

  • is a general practitioner, practising at BHC Medical Centre in Lakemba, NSW.
  • has been registered as a doctor since 1992 and became a fellow of the Royal Australian College of General Practitioners in 1998.
  • developed and marketed a cream for eczema, called CC cream, despite the product lacking approval under the Therapeutic Goods Act 1989 (Cth) and without clinical trials demonstrating its efficacy or safety.

What were the complaints against Dr Le?

The allegations reviewed by the Tribunal included that Dr Le:

  1. prescribed CC cream to young children and other patients without sufficient evidence or clinical indication for its use.
  2. continued to prescribe CC cream even after detecting elevated mercury levels in a young patient, which raised concerns about toxicity.
  3. failed to disclose his financial interest in CC cream sales, resulting in inadequate informed consent from patients or their families.

What did the authorities do to protect the public from Dr Le?

According to the NSWCAT decision issued on 29 October 2024:

  1. Dr Le was found guilty of unsatisfactory professional conduct and professional misconduct.
  2. Further proceedings are scheduled for 25 February 2026 to determine necessary protective orders, to ensure public health and safety.

What can patients impacted by Dr Le do?

Patients who have suffered as a result of Dr Le’s conduct may have legal recourse:

  • Court Proceedings for Damages: Affected patients and families can pursue compensation through a common law claim for damages.

If you or your loved one has been affected by Dr Le’s treatment, it is essential to seek legal advice on your rights promptly, as there are time limits for filing claims.

What are the steps in making a claim against Dr Le?

Contact Us:

We offer a free initial consultation to discuss your case and determine if it has merit.

Obtain Your Relevant Documents:

If your case has potential, we will collect and review all necessary records.

Court Proceedings:

Once the documents are gathered, we can initiate and represent you in court proceedings to seek compensation.

Are there time limits in making a claim against Dr Le?

Yes, claims generally must be made within three years from the date of injury. Courts may allow exceptions in cases where the injury’s cause could not have been discovered earlier, so it is crucial to consult a solicitor promptly if you think you have a claim.

DISCLAIMER

This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.

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