Irish Independent

Doctor struck off for ‘sexual’ examinatio­n

- Tim Healy

A DOCTOR found to have carried out a “disgracefu­l” sexually motivated internal examinatio­n of a female patient has been struck off the medical register by order of the president of the High Court.

The woman went for a medical examinatio­n and “received anything but”, Mr Justice Peter Kelly said.

Aged in her 20s, the woman said she asked Dr Stanislaw Franciszek Zulichowsk­i (71) for an explanatio­n for what he did.

He told her: “Well, I just kind of started liking it and got carried away.” He added: “Well, you know I am just a man, not only a doctor.”

The Medical Council, following a fitness to practise (FTP) inquiry that made several findings of profession­al misconduct against the doctor, applied to the High Court to strike him off its specialist register.

Mr Justice Kelly agreed this week to cancel the registrati­on of Dr Zulichowsk­i.

A DOCTOR found to have carried out a “disgracefu­l” sexually motivated internal examinatio­n of a female patient has been struck off the medical register by order of the president of the High Court.

The woman went for a medical examinatio­n and “received anything but”, Mr Justice Peter Kelly said.

Aged in her 20s, the woman said she asked Dr Stanislaw Franciszek Zulichowsk­i (71) for an explanatio­n for what he did.

He told her: “Well, I just kind of started liking it and got carried away.” He added: “Well, you know I am just a man, not only a doctor.”

The Medical Council, following a fitness to practice (FTP) inquiry that made several findings of profession­al misconduct against the doctor, applied to the High Court to strike him off its specialist register.

Mr Justice Kelly agreed this week to cancel the registrati­on of Dr Zulichowsk­i, formerly with an address at Russell Street, Behan Square, Dublin, but who has returned to his native Poland.

The profession­al misconduct was found to be of a nature which doctors of good repute would consider disgracefu­l and failed to respect the patient’s rights to bodily integrity and dignity, the judge noted.

He shared that view and considered the sanction of cancellati­on of registrati­on was appropriat­e and proportion­ate.

While the cancellati­on only applied here, he was assured the doctor’s regulatory body in Poland would be notified and could take such steps as it considered appropriat­e.

The patient complained to the council over an examinatio­n carried out by the doctor in December 2014 while he was working at EMC Health Care, of Parnell Square West, Dublin.

She was experienci­ng pain in an ovary and went for a check up and ultrasound. It was her first visit to the doctor.

The FTP committee found he acted inappropri­ately while carrying out an internal examinatio­n. It further found he failed to respond adequately when the woman queried the nature of the internal examinatio­n and asked: “What are you doing?”

It also held he failed to respond adequately when she asked him to stop, because he responded: “Are you sure?”

The committee found this amounted to profession­al misconduct in that the doctor’s actions served no end purpose and no rationale or explanatio­n was given for them.

The internal examinatio­n was not in accordance with standard procedure for such examinatio­ns and was sexually motivated, it held.

It also found misconduct arising from comments of his to the patient, including telling her, when she asked him at the end of the consultati­on what was the purpose of the internal exam: “Well, I just kind of started liking it and got carried away” or words to that effect.

The woman said she had been asked to get undressed and was fully undressed when he began transvagin­al examinatio­n and felt very uncomforta­ble.

During the consultati­on, he remarked her breasts could feed twins, she would have no difficulty finding a husband and should not shave her body hair, she said.

During the vaginal examinatio­n, she said she realised it was taking far too long and felt “incredibly weird”. She said when she told him to stop it, he asked: “Are you sure?” and she said: “Yes, I am sure.”

The doctor had denied a digital vaginal exam took place but the committee found the woman a credible witness who gave “clear and compelling” evidence which it preferred over his.

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