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‘Doctors might be intimidated’: GP blasts NSW complaints body
A single anonymous complaint was enough for one Taree GP to receive a warning about ‘maintaining constructive communication’ in public.
Dr Simon Holliday says a strong complaints commission is essential but believes the regulator should be open to critique.
Taree GP Dr Simon Holliday believes processes to protect public health and safety are open to abuse, after receiving a complaints commission letter that advised him to adjust how he makes public comments.
The correspondence from the NSW Health Care Complaints Commission (HCCC) concerned an anonymous complaint about an interview with Dr Holliday in the Manning River Times newspaper last August.
In that article, he talked about older patients insisting on the Pfizer vaccine, and the dangers of misinformation.
He told the reporter that half a dozen patients aged over 60 had been ‘bullying their way in’ to request Pfizer despite the recommended vaccine for that age group being AstraZeneca, and that they ‘wouldn’t take no for answer’.
He also warned that people getting misinformation ‘from Facebook …[and] some of the extremists in the Liberal/National parties’ were ‘putting themselves in a terrible position’.
‘People have got to get their feet on the ground, get their head out of the internet, and stop listening to these people, who are evangelical, talking nonsense with conviction,’ he said.
The article’s final words also quoted Dr Holliday saying: ‘You can’t vaccinate against stupidity.’
In the complaint submitted to the HCCC, the anonymous complainant conflated Dr Holliday’s remarks and accused him of making ‘unprofessional and divisive’ comments about Liberals over 60.
‘I ask you to please ask Mr Simon [sic] to have empathy, less judgement and a little more compassion,’ the complaint states.
In correspondence subsequently sent to Dr Holliday, the HCCC assessment again conflated the separate remarks without clarification. And while the HCCC acknowledged Dr Holliday’s remarks ‘appear to be supportive’ of NSW Health directives, it advised him to modify the way he speaks to the media.
‘I understand from the complaint that the complainant has raised concerns about you making judgemental and unprofessional comments about Liberals over 60s [sic] in the local newspaper,’ the letter from an HCCC complaint assessment officer states.
‘We considered the complainant’s concerns about how some people in the community may feel regarding the comments made.
‘In light of the above considerations, we will therefore be making comments to you to be mindful about maintaining constructive and professional communication when making public comments.’
The HCCC officer told Dr Holliday the observations were agreed in a joint meeting between the commission and the Medical Council of NSW ‘in order for you to reflect on and improve your practice’.
Dr Holliday had previously been unaware of any complaint made against him before receiving the letter in October. He has contested the comments and fears the HCCC system – which states its purpose as ‘to protect public health and safety’ – is vulnerable to manipulation.
‘I think it’s weaponising the compliance process to intimidate doctors and I don’t think our regulators should be part of that,’ he told newsGP.
Moreover, he points to errors in the complaint that were not addressed in the HCCC assessment. As well as the conflating of remarks, his name was misspelled and an out-of-date surgery address used.
The complainant also said they had received a health service from Dr Holliday and attempted to resolve the complaint directly with him prior to contacting the HCCC. The Taree GP contests both assertions.
‘Your suggestion that practitioners should be “constructive” surely does not mean eternally positivist,’ he wrote in a subsequent response to the HCCC.
‘It would be reckless to ignore the reality of the many forces undermining public health campaigns and health services.’
His response also highlighted the context surrounding his remarks, made when former Liberal MP Craig Kelly and Nationals MP George Christensen were advocating Ivermectin and supporting anti-vaxxers.
Both MPs have been sanctioned by Facebook, with Mr Kelly having his profile page removed altogether.
Dr Holliday says he never received a reply.
He also took the matter up with his local MP, Stephen Bromhead, who sent his concerns to the NSW Health Minister Brad Hazzard. Minister Hazzard’s response mostly addressed queries over the anonymity of the complaint, while also noting the commission is an independent statutory body that is not subject to ministerial direction.
Dr Holliday remains deeply unsatisfied with the process.
He says a strong complaints commission is essential ‘to identify problematic doctors or try to help people do better practice’. However, he believes the regulator should be open to critique, and deserves it in this case.
‘For my sake, I don’t really care,’ he said. ‘They can jump in the lake. But I do care because other doctors might be intimidated by this.’
In response to newsGP queries about its handling of the complaint, the HCCC said it would not go into specific details due to ‘confidentiality and non-disclosure obligations and laws’.
A spokesperson said the commission undertakes ‘comprehensive risk-based triaging of complaints’.
‘In this case the triage did not identify that the complaint should be set aside on the basis that it was vexatious,’ they stated.
‘This complaint was ultimately discontinued after consideration of all of the facts.’
The correspondence in full
Dr Holliday’s comments in full, as reported by the Manning Times on 6 August, 2021:
[Dr Holliday] sounds exhausted, and has admitted in the not-too-long-ago past that COVID and the vaccination rollout are taking a toll on the mental health of medical professionals and their staff.
One of the reasons for that is the way they are being treated by some members of the public, often aggressively.
‘We did 180 Pfizers on Saturday [July 31] and we had half a dozen over 60s bullying their way in, wouldn’t take no for [an] answer. Their backsides weren’t going to move off the chair,’ Dr Holliday said.
The other reason is the never-ending fight to counteract the insidious misinformation about COVID and vaccinations that just won’t go away.
‘People who have been getting their information from Sky News and some of the extremists in the Liberal/National parties, and getting their information from Facebook, unfortunately they’re putting themselves in a terrible position.
‘We’re doing all we can to help those people get to a safe position but people have got to get their feet on the ground, get their head out of the internet, and stop listening to these people, who are evangelical, talking nonsense with conviction.
‘There are a lot of people who are foolish, who believe bizarre things. We can’t let those people indirectly cause the death and illness in our community.
‘Unfortunately, you can’t vaccinate against foolishness,’ Dr Holliday said.
The complaint (unedited)
Mr Simon has made ridiculous, judgmental and unprofessional comments to the local newspaper. He is a doctor and his comments about liberals over 60s is unprofessional and divisive. We live in a democracy not a dictatorship so regardless of doctor Hallidays medical profession he is not allowed to dictate and police the communities political choices. He lacks empathy for those over 60s openly judges people as fools. I ask you to please ask Mr Simon to have empathy, less judgement and a little more compassion. All his comments can be found in the Manning Time.
The HCCC response
Dear Dr Holliday,
Our decision concerning the complaint from an Unknown Complainant
The Health Care Complaints Commission has assessed the complaint from an Unknown Complainant.
I understand from the complaint that the Complainant has raised concerns about you making judgemental and unprofessional comments about liberals over 60s in the local newspaper, Manning Times.
On review of all of the information, we were satisfied that the views expressed appear to be supportive of the NSW Health directive. However, we considered the Complainant’s concerns about how some people in the Community may feel regarding the comments made.
In light of the above considerations, we will therefore be making comments to you, to be mindful about maintaining constructive and professional communication when making public comments.
The Commission made these comments in order for you to reflect on and improve your practice.
I have outlined below all of the steps taken by the Commission to assess the complaint.
Our assessment
The purpose of assessment is to consider information relevant to the complaint and to decide the most appropriate way to deal with the concerns raised in accordance with the Health Care Complaints Act 1993.
The Commission did not request a response from you as we considered we had sufficient information to assess the complaint. A copy of the complaint is enclosed for your review.
Please note at a consultation meeting held with the Medical Council of NSW, the Commission and Council discussed the details of this complaint. All of the information gathered during the assessment was reviewed and both the Commission and Council agreed it was appropriate for the Commission to make comments to you.
Review of decision
The Complaint is entitled to request a review of this decision within 28 days of this letter. We will notify you if our decision changes as a result of a review.
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