Bid to keep name secret after relationship with patient

A Dunedin doctor who had a relationship with a patient is fighting to keep his name secret.

He came before the Medical Council Professional Conduct Committee last year where his registration was cancelled and his bid for suppression was rejected.

Both elements of the tribunal’s decision were appealed in a hearing before the High Court at Dunedin today.

Counsel Matthew McLelland QC said the doctor primarily wanted his identity kept under wraps so that his former patient could remain anonymous.

“If [the doctor’s] name is published, can the public join the dots and come out with identity of Ms X? We say yes,” he said.

Mr McLelland also said an order would benefit his client’s wife, children and grandchildren.

But the court heard the woman was “strongly opposed” to the man getting name suppression.

Counsel for the committee Kate Feltham argued cancellation was the only appropriate penalty, given the tribunal highlighted 15 serious aggravating features behind the breach of professional standards.

She said there was a “well-established” doctor-patient relationship, which began when the woman was only a teenager.

While their sexual bond was formed many years later, she said the context was “hugely important”.

Ms Feltham said the power imbalance of the doctor-patient relationship was exacerbated by a significant age gap.

The court heard the woman discussed personal matters with the doctor who had provided emotional support and performed examinations of a sensitive nature over many years.

While the patient transferred to a new GP (at the same practice) when their relationship became physical, her next five appointments were with her original doctor, Ms Feltham stressed.

Mr McLelland suggested the appropriate penalty should have been suspension and a fine.

“It’s just one patient, he’s not a predator or anything like that,” he said.

He stressed their relationship had grown through a shared interest in a recreational activity rather than purely in a clinical setting.

Justice Robert Osborne, who is hearing the case, is expected to reserve his decision.

 

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