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Silence Naidoo
The doctor also seeks the deletion of names.
A former Kāpiti doctor convicted of misconduct appeals against that decision in Wellington High Court and fights to keep his name hidden.
The doctor was accused by eight women of performing unnecessary and unwanted breast exams, making inappropriate comments about their appearance, and failing to offer a companion in consultations spanning 2011-2017. All of the women visited the doctor for unrelated concerns with breast health.
She also maintained insufficient medical notes and violated a 2016 written commitment to her then-employer that she would “completely avoid” raising breast cancer prevention unless the patient mentioned it, and an accompanying nurse would always be present during the physical exam.
The doctor was found guilty in November 2019, after a nine-day hearing presented by the Professional Conduct Committee (PCC), an investigative body of the Medical Council, before the Health Professionals Tribunal. The penalties included censorship, a $ 5,000 fine, conditions imposed on the practice, and costs of $ 160,000.
READ MORE:
* Doctor convicted of unwarranted breast exams, inappropriate comments
* 20,000 patients, eight complaints: doctor says he was doing his job
* Alleged breast exams were too long, incorrect and ‘traumatizing’, court said
* The woman alleges that the doctor told her that she was attractive during the breast exam.
* Eight women to speak out against doctor for alleged misconduct, including unwanted breast exams
MONIQUE FORD / STUFF / Things
Judge Robert Dobson is hearing the doctor’s appeal in Wellington Superior Court. (Proceedings)
Much of the attractiveness of the physician will depend on the effectiveness and acceptance of the clinical breast exam (CBE) as a preventive procedure. CBE is a physical exam performed by a healthcare professional; The use of the method as a legitimate selection process is controversial, and experts spoke both in support of and in opposition to it during the November hearing.
On Monday, attorney for physician Donald Stevens QC told Judge Robert Dobson that his client took a precautionary approach to breast health that included CBE, and while some patients felt uncomfortable, it did not amount to misconduct.
“It is entirely appropriate for a physician to raise these issues in a preventive context, even when the patient has gone into surgery for a totally unrelated purpose … like a repeat prescription.”
But the judge said the doctor was the only one in practice who used CBE.
Kevin Stent
Donald Stevens QC represents the doctor. (Proceedings)
Stevens admitted that it was an area in which the doctor could be quite criticized, but said it was not serious enough to constitute professional misconduct, nor was it his occasional failure to take sufficient notes.
“The PCC took a hammer approach in this case.”
Stevens also said that inconsistencies and conflicts in the women’s accounts showed that there was a problem in the narration of the events.
“There is a clear and reasonable probability that … the memory grew or became distorted during the three or four years between the consultation and the first time it was officially reported.”
Stevens said the commitment made to the doctor’s employers was unreasonable, but the judge noted that it was written and offered by the doctor.
Stevens said the doctor felt he had no choice: “This was probably the case with a doctor trying to be a lawyer.”
“That is probably safer than a lawyer trying to be a doctor,” the judge replied.
The appeal continues Tuesday.
