Nurse cleared of malpractice over buying house from patient

A nurse who bought a house from a patient did not commit malpractice, a disciplinary tribunal has found, but his actions were deemed "unwise".

In March Roy Johnson, a registered nurse of Hokianga, faced a charge from a Professional Conduct Committee before the New Zealand Medical Health Practitioners Disciplinary Tribunal over the 1996 purchase of the house at Rawene.

The charge alleged Mr Johnson failed to observe financial constraints on his professional relationship with a patient under his care by buying a house from him.

The tribunal heard evidence last month from Mr Johnson and his wife, the patient and members of his family.

The patient bought the land in 1988 and over the next few years built a two-bedroom home on it. In 1993 he put it on the market but did not sell. The patient said he did not leave the home continuously on the market and at some point decided to add another bedroom.

Records showed to the tribunal established the patient had a long history of psychiatric illness and suggested Mr Johnson became involved in the patient's care in 1993.

The tribunal was told that in late 1995 or early 1996 Mr Johnson and the patient discussed the possibility of the Johnsons buying the house.

They eventually negotiated a private purchase with the patient for $72,000, a fair market price.

But Mr Johnson's relationship with the patient, whose health continued to fluctuate, deteriorated and last July the patient complained about the sale to the Nursing Council of New Zealand.

The tribunal found that Mr Johnson did not act negligently or bring the nursing profession into disrepute over the purchase, but it said "it was clearly unwise for Mr Johnson and his wife to have purchased the patient's home".

It suggested the Johnsons could have avoided the strife if they had obtained written approval from the patient's family and the management of Hokianga Health to buy the property.

- NZPA