Decision on doctor ‘slap in face’

Victims of a doctor found guilty of misconduct are appalled he will continue to practise.

Despite being found guilty of performing unjustified breast examinations, making comments about patients’ looks and raising inappropriate sexual issues with a 15-year-old, the doctor will not be suspended.

One victim described the Health Practitioner’s Tribunal decision as a slap in the face, and said it made a mockery of the women he offended against.

‘‘This is why women don’t come forward, why would they?’’

Eight women gave evidence against the former Ka¯ piti doctor, in a case bought by the Professional Conduct Committee [PCC] and heard in Wellington over the past two weeks.

The tribunal found him guilty on the majority of charges, which also included substandard note keeping and a breach of an undertaking he would not raise breast health unless it was initiated by a patient, and always use a chaperone.

While the PCC pushed for the doctor to be suspended, yesterday the tribunal voted against it, saying the doctor had previously been out of work for 13 months because of conditions imposed by the Medical Council.

Instead, it imposed a raft of conditions, including a $5000 fine, an education course, and signs in his waiting and consultation rooms to advise patients he required a chaperone for intimate examinations.

It deferred a decision on whether the doctor would be ordered to pay costs for the investigation and hearing. The PCC had asked for 50 per cent of the approximate $300,000 bill.

Although the doctor asked for his name to be kept secret, his interim name suppression would lapse 20 working days after the tribunal issued its written findings.

His lawyer had earlier argued that the tribunal’s finding of misconduct was enough punishment for the doctor.

Prosecution lawyer Anita Miller said the conditions sought reflected the severity of the doctor’s behaviour.

‘‘All of the women were vulnerable because of the power imbalance . . . this was magnified for some of them who were naked and exposed.’’

Following the decision, one victim said she found it ‘‘mindboggling’’ that the doctor would be able to continue practising given what he was found guilty of doing, and what his victims went through.

‘‘I think its frightening he can do it, be found guilty of it, then just brush up on some things and carry on.

‘‘So far the outcome is pretty lenient. The things he’s said and done will stay with us forever.’’

Another victim described the toll that both the doctor’s offending and the hearing – especially the cross examination – took on her.

‘‘It’s been really hard to have to remember what happened when I wanted it to just go away.

‘‘I feel so embarrassed this happened to me . . . it’s even worse now [after the decision] and I would never tell another woman to speak up.’’

She was furious to hear the doctor had been ordered to undertake an education course and feared the doctor would appeal the lifting of his name suppression.

‘‘People have a right to know that the doctor they’re seeing can be trusted. This one can’t be.’’

Breast Cancer Foundation New

Zealand spokeswoman Adele Gautier said she hoped the case wouldn’t stop people from getting breast examinations.

‘‘[The examinations] have to be performed in a professional manner and patients can have a chaperone with them . . . this option does not seem to have been made clear in this case which is not good.’’

National co-ordinator of the Breast Cancer Support group Jane Bissell said if people suspected they had a breast problem it often made them worried about going to the doctor in the first place.

‘‘To encounter a medical professional who makes someone uncomfortable would add more trauma to what’s going on,’’ Bissell said.

‘‘I think its frightening he can do it, be found guilty of it, then just brush up on some things and carry on.’’ victim