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Home / New Zealand

Doctor denies sex charges

29 Sep, 2004 12:02 PM3 mins to read

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It is alleged he told a colleague he had sex with patients and later told another doctor about sexual relationships with two patients.

A doctor charged with disgraceful conduct has denied having had a sexual relationship with any of his patients.

Giving evidence at a Medical Practitioners Disciplinary Tribunal, the doctor,
who has name suppression, denied charges that he took physical and emotional advantage of patients in his care.

"I believe I am a good doctor. I am well aware that it is unacceptable for a doctor to have a sexual relationship with a patient.

"I am also aware of the Medical Council's policy on doctors having sexual relationships with prior patients. I have not breached this policy on any occasion."

Yesterday the doctor, represented by Harry Waalkens, QC, and Catherine Garvey, denied making comments to a colleague that he had had affairs with patients.

"I said I had had relationships with other women while I was married that were not patients."

The charge, brought by the complaints assessment committee, also stated the doctor failed to act appropriately when performing cervical smears and/or internal examinations on women patients by not wearing surgical gloves.

The examinations were performed without an appropriate chaperone.

He also made inappropriate remarks of a sexual nature or asked questions that were "sexually oriented and/or sexually suggestive" when talking to his patients.

The doctor said he did not "entirely disagree" with a description of him being "touchy feely" but objected to any suggestion he had acted inappropriately.

"I have always had a practice of comforting and, in so doing, touching patients in times of stress and other circumstances where in my opinion - and about this I have absolutely no doubt - such contact is quite appropriate."

As a doctor he was focused on a patient's "wellness" and there might be occasions where he would raise matters of a "sensitive nature - for example, relationship problems and stressors".

"I have always endeavoured to be sensitive and careful in how I embark upon such issues but I entirely accept that at times I may be misinterpreted or misunderstood ... "

During cross-examination by Mike Heron, appearing for the complaints assessment committee, the doctor said that might mean asking about a patient's "sex life" or "love life".

Asked about whether he wore gloves when performing cervical smears, he said he did not in most cases.

"I guess I viewed it no differently than putting my hand on someone's abdomen or doing a breast examination."

He did use gloves when doing internal examinations. He had never been instructed that chaperones were mandatory but he did use them on some occasions.

A woman doctor, who had worked with the doctor and had a sexual relationship with him, said he told her he had had affairs with patients.

Yesterday, the doctor said the charge against him had been "extraordinarily upsetting and stressful" and he believed it was a result of his break-up with the woman doctor.

"I believe [she] is a person scorned and is acting maliciously."


Herald Feature: Health system

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