Sex in a third of health complaints

Nearly a third of recent referrals to the Medical Practitioners Disciplinary Tribunal involved unethical sex between health professionals and patients, says the Health and Disability Commissioner's annual report.

The Director of Proceedings in the commissioner's office, Theo Baker, said five out of 18 referrals in the year to June 30 related to consensual sex. All involved registered male health professionals and female patients.

Ms Baker's role is to decide whether to take formal action.

No action was taken against one doctor and one psychologist; one chiropractor and one doctor were successfully prosecuted; and one referral involving a counsellor is still awaiting a hearing.

"The reasons for taking no action have usually related to the wishes of the consumer [patient]," Ms Baker said in the report, released early today.

In the four years since July 1, 2000, 14 referrals involved allegations of unethical sex.

"Of the 14 cases, in all but one the relationship has not been denied, but in most cases the providers have sought to minimise their responsibility by pointing to their own vulnerability and stress," Ms Baker said.

Some did not appreciate why the relationships were unethical and were unaware of the profound effect they could have on patients.

While there were fewer referrals than last year (30), there were several high-profile cases.

They included Tauranga surgeon Ian Breeze, found guilty of professional misconduct after a botched bowel operation that contributed to the death of a patient in 1999.

Former Southland Hospital doctor Peter Fisher was found guilty of professional misconduct over his treatment of psychiatric patient Mark Burton, who killed his mother in 2001.

Twenty disciplinary charges were laid against 19 health professionals in 2003-04, and 16 charges were upheld.

GPs were most often complained about (34 per cent of complaints), but commissioner Ron Paterson said that was a low number, considering the thousands of GP consultations every year.

Thirty-three GPs were found in breach of the Code of Health and Disability Services Consumers' Rights and three were referred for potential discipline.

Public hospitals dominated complaints against group providers (56 per cent), but only 21 led to findings of a breach of the code.

Fifty-nine per cent of files were closed within three months, and 4 per cent remained open for longer than 18 months.

There was a 49 per cent drop in complaints resolved by formal investigation. Mr Paterson said the drop in referrals for tribunal proceedings reflected a rehabilitative approach.

Sex allegations

Since July 2000 there have been 14 referrals involving allegations of unethical sex:

4 against medical practitioners.

3 against counsellors.

2 against chiropractors.

2 against psychologists.

1 each against nurse aids, social workers and supply workers in mental health.

Action was taken in 10 cases, eight have been successfully prosecuted (one is subject to appeal) and two are awaiting hearings.

- NZPA