This information sheet provides information concerning the criminal conviction of Dr McNab and his prohibition from medical practice for a minimum of five (5) years.
We discuss the possible compensation options for patients who have been a victim of Dr McNab’s criminal acts, for which his previous employer – a medical practice on the NSW North Coast – may be held vicariously liable.
If you or someone you know have been a patient of Dr McNab, it is important to understand your potential legal options in relation to any injuries you may have sustained while under his care. It is important to act promptly as there are time limits that apply to actions in both medical negligence and intentional torts.
Who is Dr Andrew Graham McNab?
Dr McNab was practising as a general practitioner specialising in skin cancer at a medical practice on the NSW North Coast. He had previously gained experience between 23 August 2011 and 3 June 2014 at Coffs Coast Skin Cancer Clinic in Coffs Harbour, NSW.
Dr McNab was a registered general practitioner (GP) and worked at a medical practice on the NSW North Coast between April 2015 and the time charges were laid against him by NSW Police on 13 March 2020.
According to the judgment published by the NSW Civil and Administrative Tribunal (NCAT) on 5 April 2023, Dr McNab stood trial in the NSW Local Court in November 2020. He was convicted of carrying out a ‘sexual act with another person without consent’ and sentenced to a 12-month community corrections order.
What were the complaints against Dr McNab?
Complaints about Dr McNab included the exchange of inappropriate, sexually explicit materials between colleagues and allegations that, on 5 December 2019, while working on the NSW North Coast, Dr McNab:
- Performed a detailed examination of a patient’s back to assess her for a condition where there was no reasonable basis for suspecting the condition.
- Removed the patient’s underwear during the consultation without informed consent or clinical justification, noting too that Dr McNab was convicted of a criminal offence relating to the removal of the underwear.
- Exposed the patient’s buttocks by removing both her underwear and modesty sheet.
- Failed to make a proper clinical record of the consultation.”
To make matters worse, Dr McNab denied these intentional, wrongful acts, and unsuccessfully appealed his criminal conviction in both NSW District and Supreme Courts, respectively.
What did the authorities do to protect the public from Dr McNab?
- In March 2020, NSW Police charged Dr McNab with serious allegations of carrying out a “sexual act with another person without consent”.
- In July 2020, the NSW Local Court sentenced Dr McNab to a 12-month Community Corrections Order.
- On 16 April 2020, the Medical Council of NSW suspended Dr McNab’s registration to practise medicine.
- On 5 April 2023, NCAT determined that
Dr McNab was guilty of unsatisfactory professional conduct and professional misconduct in proceedings brought by the Health Care Complaints Commission (HCCC). - On 13 October 2023, NCAT cancelled Dr McNab’s registration to practise medicine, with a 5-year non-review period and prohibition on providing any health services for 5 years.
What can patients affected by Dr McNab do?
Patients affected by the intentional wrongful acts of Dr McNab have a number of options for redress:
- Victims’ Compensation
Firstly, primary victims of crime can apply for immediate financial support of up to $5,000.00, as well as 22 hours of counselling.
- Court Proceedings for Damages
Secondly, patients can make a common law claim in intentional tort for the criminal acts perpetrated against them by Dr McNab while under his care and his medical practice.
If a patient claims damages for personal injuries that they have received as a result of either medical negligence or intentional tort, they would be entitled to seek compensation for any losses caused by the trespass/assault, including the loss of income or income-earning capacity, the care they require (and is provided either commercially or by her loved ones), and for the pain and suffering that they have survived.
In addition to the above, the Court has the power to award aggravated and exemplary damages in order to further punish Dr McNab and to ensure specific and general deterrence in relation to what amounts to a gross breach of trust in a patient/doctor relationship.
In other words:
- Specific deterrence is aimed at Dr McNab to reduce the likelihood of re-offending; and
- General deterrence is aimed at the wider public, as well as doctors and other trusted professionals, in particular.
What are the steps in making a claim against Dr McNab?
Contact Us
We can speak with you either in person, by audio-visual means, or by telephone, by way of obligation-free initial consultation – to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think it is one that should be investigated on your behalf.
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 a claim against Dr McNab?
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 may have a claim.
