Chinese herbalist guilty after diabetic patient dies

A Chinese herbalist described as hostile and self-serving has been found guilty of professional misconduct after a diabetic patient he told to stop taking western medicine died.

Yun Sen Luo, 59, had been practising Chinese herbal medicine and acupuncture at Dao Chuan Zhong Yi, a clinic in Burwood in Sydney's inner west.

He treated a Chinese national with diabetes for a long-term skin condition from May 26 to June 8, 2018, advising her to take various herbs, soups and other natural remedies while ceasing her western medication.

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The 57-year-old woman's condition deteriorated and she died at Hornsby Hospital on June 8 hours after being admitted.

Luo's registration was suspended less than three weeks later.

He was charged with manslaughter over the patient's death but was acquitted in March 2023 after a judge found the herbalist was "utterly incompetent" but not criminally negligent.

On Thursday, the NSW Civil and Administrative Tribunal found the 59-year-old was guilty of professional misconduct and unsatisfactory misconduct over his treatment of the patient.

In WeChat messages from late May 2018, the woman's daughter tells Luo that her mother was vomiting and in pain.

Her condition got worse and days before her death she was talking gibberish and unable to walk to the bathroom on her own.

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Luo suggested she drink grape juice.

On the morning before the woman's death, he continued to advise feeding her soup and Chinese herbs, and pressing acupuncture points.

"Hello, doctor. There is no need for you to come over this evening," the daughter texted to Luo one-and-a-half hours after her mother was pronounced dead.

The NCAT case was brought by the Health Care Complaints Commission which is seeking orders up to eight years revoking Luo's registration as a Chinese medicine practitioner and barring him from providing a health service.

The tribunal found Luo was an "unpersuasive, defensive and unresponsive" witness who was hostile and self-serving under questioning.

During the hearing, he admitted he had only a basic understanding of what the pancreas did and how specific drugs were used to treat the endocrine system and diabetes.

The 59-year-old failed to obtain a full medical history from the patient, including her high blood sugar, during the initial consultation, NCAT ruled.

Despite Luo's denials, the tribunal also found he had indeed asked her to cease taking her western medication which included insulin to treat her diabetes.

He also failed to appropriately assess the deterioration of her health or admit he was not qualified to advise her about her worsening condition.

A further hearing will now be held to determine the length of the banning orders.