This information sheet provides information concerning Ms Li Shen’s permanent prohibition from medical practice in Australia.
We discuss the possible compensation options for patients who have been a victim of Ms Shen, who – despite not being a registered medical practitioner – conducted diagnostic ultrasound examinations at Medsound Pty Ltd (Medsound) in Hornsby NSW and authored radiology reports between March 2017 and November 2020.
If you or someone you know have consulted Ms Li Shen for an examination, it is important to understand your potential legal options in relation to any injuries you may have sustained while under her care, or as the result of any error on her part. It is important to act promptly as there are time limits which apply to actions in medical negligence and intentional torts.
Who is Ms Li Shen?
Ms Li Shen held herself out to the Australian public as a registered medical practitioner and director of Medsound in Hornsby. She was responsible for carrying out various ultrasound examinations and writing radiology reports between March 2017 and November 2020.
Ms Li Shen had previously been registered to practise medicine in China, having completed a Bachelor of Medicine from the Taishan Medical College in 1994. However, since moving here in 2004, she has not attained registration as a medical practitioner in Australia.
What were the complaints against Ms Li Shen?
The complaints about Ms Li Shen were that she:
1. performed ultrasound examinations at Medsound without holding any recognised qualifications or accreditation in sonography; and
2. authored the majority of the ultrasound reports between March 2017 and November 2020, without being a registered medical practitioner in Australia and without any specialist training in radiology.
The relevant HCCC decision notes that Ms Shen had attempted to pass the Australian Medical Council (AMC) Certificate exams on three occasions (2010 -2011), but had failed and did not re-attempt to gain registration through the standard pathway for doctors who have completed their training in other countries.
What did the authorities do to protect the public from Ms Li Shen?
1. According to the HCCC decision issued 27 May 2021:
“On 24 November 2020, the Commission issued a Public Warning in relation to Ms Shen and Medsound pursuant to section 94A of the Act. The Public Warning expressed to the public the Commission’s concerns that Ms Shen had been performing ultrasound examinations and writing and issuing reports of the ultrasound findings to referring doctors, without any recognised sonography or medical qualifications.
It urged any individuals who had undergone an ultrasound examination between 31 January 2017 and 20 November 2020 to contact their referring general practitioner (GP) or other specialist medical practitioner to assess whether any repeat or follow up ultrasound examination would be required.”
2. On 27 May 2021, the HCCC released its decision, which included the following order pursuant to section 41A(2)(a) of the Health Care Complaints Act 1993 (NSW):
“Ms Li Shen is permanently prohibited from providing any health services in any capacity, either paid or voluntary.”
What can patients affected by Ms Li Shen do?
Patients affected by Ms Li Shen have a number of avenues of recourse:
• Victims’ Compensation
Firstly, if the crime of assault and battery were to be established, patients can apply for immediate financial support of up to $5,000.00, as well as 22 hours’ counseling.
• Court Proceedings for Damages
Secondly, patients can make a common law claim in medical negligence and/or intentional tort for injuries as the result of diagnostic errors – as well as trespasses and any other intentional wrongful acts perpetrated against them – by Ms Li Shen (an unqualified person holding herself out to be a medical practitioner) while under her care at Medsound.
If a patient claims damages for personal injuries that they have received as a result of either medical negligence or intentional tort, they could seek compensation for any losses caused by the injuries, including the loss of income or income earning capacity, the care they require and are provided either commercially or by their loved ones, and for the pain and suffering that they have suffered.
What are the steps in making a claim against Ms Li Shen and Medsound?
Contact Us
We can speak with you either in person, by audio visual means, or by telephone, by way of a free initial consultation – in order to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate.
Obtain Your Clinical Notes
If we agree that your case has prospects of succeeding, we will request your relevant clinical records (as well as any relevant police records). Once we have reviewed those records thoroughly, we will advise you whether we think there is merit in pursuing a claim.
Court Proceedings
Once we have the supporting documents and evidence necessary to commence court proceedings, we can do so on your behalf and act for you in those proceedings until the case is resolved.
Are there time limits in making the claim against Ms Li Shen and/or Medsound?
Yes, generally three (3) years from the date on which a personal injury becomes discoverable, and not more than twelve (12) years after the offending took place.
It is extremely important to speak with a solicitor as soon as possible if you think you have a claim.
If you or someone you know have been a patient of Ms Li Shen, it is important to understand your potential legal options. One of our expert solicitors can advise you about your options in an obligation-free consultation. You can call us on (02) 4050 0330 or book an appointment online.
