Doctor banned for demeaning and misleading social media posts

09 May 2024

A Victorian general practitioner has had his registration cancelled for disparaging colleagues and denigrating or demeaning certain groups on social media.

Michael Ellis is disqualified from reapplying for medical registration until February 2025 over his social media posting.

On 29 May 2020, the Medical Board of Australia (Board) took immediate action to suspend Mr Ellis’ medical registration due to his social media use over a period of years, before referring him to the Victorian Civil and Administrative Tribunal (the tribunal).

On 6 February 2024, the tribunal found the Board’s allegations against Mr Ellis were proven.

The Board alleged that between 2017 and 2020, Mr Ellis made various social media posts which did not meet the professional values and qualities expected of a registered medical practitioner.

The Board submitted and the tribunal found that Mr Ellis’ social media posts included content which:

• denigrated groups within society, including demeaning references to members of the LGBTQI+ community, and people of Islamic faith and Chinese heritage,
• expressed and encouraged views regarding vaccinations, chemotherapy and treatment for COVID-19 and other health topics that have no proper clinical basis and conflict with accepted medical practice, and
• was disparaging of other health practitioners and health services, including his place of work and colleagues.

‘The views that Mr Ellis expresses in his posts about the lesbian, gay, and transgender communities, Muslims and people of Chinese heritage are quite abhorrent,’ the tribunal stated.

‘It is easy to see that a gay patient who saw his posts would feel concerned that they could not reveal their sexuality to him, potentially comprising their health and safety. Similarly, it can be inferred that patients of Islamic faith or Chinese heritage would be reticent in seeing a doctor who willingly expresses negative comments about their communities.’

The Board also alleged, and the tribunal found, that Mr Ellis’ communications with patients during his medical practice were inappropriate, discourteous and failed to provide patient confidentiality.

This included frequently leaving the door open during patient consultations, and engaging in conduct which was inconsistent with the Board's code which says ‘doctors are expected to recognise and respect patients’ rights to make their own decisions, treat their patients with respect at all times and protect patients’ privacy and right to confidentiality’.

The Board and Mr Ellis agreed on the facts of the allegations.

The tribunal found that Mr Ellis’s social media posting amounted to professional misconduct, and his inappropriate communications with patients amounted to unprofessional conduct.

The tribunal ordered that Mr Ellis:

• be reprimanded,
• have his registration as a medical practitioner be cancelled and be disqualified from applying for registration for a period of one year from 6 January 2024,
• be prohibited from:
  • using the title ‘Dr’ or ‘Doctor’, and
  • providing any health services, until he is re-registered.

Medical Board of Australia chair, Dr Anne Tonkin AO, said the Board sets professional standards for doctors that aim to keep patients safe.

‘Our Code of conduct is very clear about the importance of dignity and respect in medical practice. In this case, there was a big gap between the standards we expect and this doctor’s social media activity and his conduct with some patients,’ she said.

‘We are pleased the Tribunal agrees that this gap is not acceptable.”

Read the full decision on the AustLII website.

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