KEY POINTS:
A doctor found guilty of professional misconduct over her management of a woman who later died of bowel cancer is arguing some of the findings were wrong, partly because the patient was not present to testify.
Dr Harriet Martin was fined $15,000 and ordered to pay $20,000 costs last year over the case of Virginia Duncan, who died aged 43 in 2003.
Ms Duncan saw the GP in 2002, mainly for constipation and was diagnosed with irritable bowel syndrome.
The Health Practitioners Disciplinary Tribunal found Dr Martin guilty on five counts - that she failed to assess, review and refer Ms Duncan at three consultations; that she made retrospective additions to her medical notes; and that she misled the Health and Disability Commissioner over the extra notes. She was found not guilty on five related counts.
The tribunal said Dr Martin was not being criticised for failing to diagnose bowel cancer.
Yesterday, in the High Court at Auckland, Dr Martin appealed against the "excessive" penalty and the three guilty findings relating to medical care.
Her lawyer, Harry Waalkens QC, told Justice Patricia Courtney that other than for one of the consultations, the only person who could recount what happened at the appointments was Dr Martin.
"Essentially the tribunal, if it was to reject the appellant's evidence, was left to have to guess as to what happened."
Dr Martin told the tribunal last year that she reinforced a medical colleague's recommendation and advised Ms Duncan to have a faecal occult blood test - a screening test for bowel cancer. She said the consultation became heated and reached an impasse.
Justice Courtney reserved her decision.
