Gynaecologist censured and fined after found to have inserted contraceptive device Mirena without patient's consent

The patient had been experiencing post-coital bleeding for some six to 12 months. Photo / File

A gynaecologist was temporarily suspended, censured and fined after he inserted a Mirena into a patient without her consent during surgery.

The New Zealand Health Practitioners Disciplinary Tribunal released the decision today, which highlighted the misconduct.

The patient, Mrs E, had been experiencing post-coital bleeding for some six to 12 months and asked her general practitioner for a referral to a gynaecologist.

The doctor recommended she have a diagnostic hysteroscopy, dilatation and curettage, an endometrial biopsy and insertion of a Mirena.

A Mirena is inserted in the uterus and slowly releases levonorgestrel which is a progestin hormone which prevents pregnancy over a five-year period.

Despite being primarily a contraceptive device, the IUD can also be used as a treatment for heavy or irregular menstrual bleeding.

Mrs E expressly denied the consent for a Mirena, however, after a consultation with her doctor he told her one had been inserted during surgery.

A charge was considered by the Tribunal which alleged the doctor inserted the IUD without consent and he should have known or ought to know she did not wish to have one.

The doctor admitted to the first part of the charge but defended the second.

Following a hearing held between January 31 and February 1, 2018, the Tribunal found the charge was made out and disciplinary sanction should follow.

He was censured, suspended for three months, fined $2500 and ordered to pay a total contribution of $28,400 to the costs of the Tribunal and Professional Conduct Committee.

After the doctor resumes practice, he must be supervised at his cost by a Medical Council of New Zealand (MCNZ) approved supervisor for three months.

The supervisor would have to be present during consultations and in circumstances where he is seeking the informed consent of a patient.

The supervisor would then have to report to the MCNZ monthly or otherwise as required by the MCNZ.

Furthermore, for a period of three years the doctor has to comply with any conditions imposed by the MCNZ as a consequence of the competence review assessment process which was carried out.