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Doctor suspended after having sexual relationship with patient
The Health Practitioner’s Disciplinary Tribunal has suspended a doctor after he was found to have had a sexual relationship with a patient and made inappropriate sexual comments to another patient.
The doctor was working as a general practitioner. One of his patients made a complaint to the police after she had sexual intercourse with the doctor at his place of work.
The following month the Medical Council was made aware of concerns regarding the doctor from another patient. The patient had reported that the doctor had asked her whether she would have sexual intercourse with him in exchange for money.
A Professional Conduct Committee laid a claim with the Tribunal against the doctor for professional misconduct. The charge included that the doctor’s actions amounted to malpractice or negligence or brought (or was likely to bring) discredit to the medical profession.
The Tribunal considered the charges laid against the doctor. They considered that his actions had crossed the Medical Council’s “Statement on Sexual Boundaries”. The Tribunal also found that this was a “zero tolerance” boundary, which the doctor had very clearly crossed.
The Council provided evidence as to why the sexual boundary is a “zero tolerance” boundary.
This is because:
- A breach of sexual boundaries is proven to be harmful and may cause emotional and/or physical harm to both doctor and patient;
- A breach of boundaries is a breach of trust, and trust is fundamental to the doctor-patient relationship;
- Doctors are in a position to influence, and possibly manipulate, patients, which can influence consent; and
- Sexual involvement with a patient impairs clinical judgement.
The Tribunal concluded that the doctor’s breach of this boundary amounted to malpractice, negligence, and brought disrepute to the profession. It was also sufficiently serious to justify disciplinary action against the doctor.
The doctor was censured, and his licence suspended for a period of 12 months. The Tribunal determined that suspension was appropriate rather than strike off, as the doctor had cooperated with the proceedings and had undertaken voluntary conditions to his practice.
The Tribunal also considered contextual factors such as the community that the doctor serves, the lack of general practitioners of the relevant cultural background and references provided about the doctor. The Tribunal therefore considered suspension a “fair, reasonable and proportionate penalty.”
The Tribunal also imposed conditions on the doctor’s practice, such as professional supervision, a chaperone when meeting with female patients and requiring the doctor to provide a copy of the Tribunal’s decision to any employer for the next three years.
The Tribunal further ordered the doctor to pay $23,800 in contribution to the costs of the hearing.
The doctor later appealed the suspension and the conditions placed on his practice. The High Court has dismissed this appeal and the Tribunal’s decision remains in place.
This case is an important reminder of a doctor’s obligations to their patients. If you believe you have been treated unfairly by a medical professional it pays to seek advice from a professional with experience in the area.
Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are. At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.
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