Charge

On 28 April 2021, the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge laid by a Professional Conduct Committee against dr L, medical practitioner (the Practitioner).

The charge related to the blurring of boundaries between the Practitioner’s professional and personal relationship with a patient. The charge alleged that:

1. Between 2017 and 2018, the Practitioner developed and continued a close personal and/or sexual relationship with a current patient at the time of commencing the relationship;
2. Between 2017 and 2018, the Practitioner provided medical treatment to the patient, with whom he had a close personal relationship, and in circumstances where:
   1. The Practitioner saw the patient during regular consultations; and/or;
   2. The Practitioner prescribed medications to the patient.

The alleged conduct amounted to professional misconduct in that, it amounted to malpractice in relation to the Practitioner’s scope of practice pursuant to section 100(1)(a) of the Act; and/or had brought or was likely to bring discredit to the profession pursuant to section 100(1)(b) of the Act.

Background

The Practitioner first treated the patient in 2013. In or around late 2017/early 2018, during a consultation with the patient, the Practitioner became aware that he had romantic feelings for her. Following the consultation, the Practitioner phoned the patient to inform her of his feelings. They agreed that the patient should see other GPs at the practice.

In 2018, the Practitioner met the patient at her house on two consecutive days. They kissed on each occasion. The Practitioner acknowledged some sexual intimacy on the second occasion, which was denied by the patient.

The Practitioner contacted the patient five to six times over the next month. He apologised repeatedly as the patient was upset about her actions due to her marriage. The Practitioner also dropped soup to the patient when she was unwell. The patient advised the Practitioner that she wanted to make her marriage work. The patient made it clear to the Practitioner to not contact her further.

In December 2018, the patient saw the Practitioner when she was in the waiting room of his practice. After this, the Practitioner called the patient to advise her that he was leaving the practice and wished her all the best for the future. No further contact was made by the Practitioner.

When the Practitioner entered into the inappropriate relationship with the patient, she was a vulnerable patient.

Finding

The hearing proceeded via audio-visual link, based on an agreed summary of facts. The Practitioner did not dispute the charge and that his conduct amounted to professional misconduct.

The Tribunal found that the charge established. The Tribunal held that the Practitioner’s conduct amounted to professional misconduct and malpractice in relation to the Practitioner’s scope of practice. The Tribunal also held that the conduct had brought or was likely to bring discredit to the profession. The Practitioner’s conduct was a significant breach of his ethical and professional responsibilities.

Penalty

The Tribunal:

• Censured the Practitioner;
• Suspended the Practitioner for a period of three months;
• Imposed conditions upon the Practitioner for a period of three years from the resumption of his practice.
• Ordered the Practitioner to pay 35% of the costs amounting to $15,319.51.

The Tribunal directed publication and a summary on the Tribunal website.