The plaintiff in the GP scandal case is satisfied that it now goes further

By RNZ

A woman whose husband had an affair with her GP is glad that the case is being investigated further.

The Health and Disability Commission recently found that the GP did not uphold professional standards.

In his decision, Commissioner Anthony Hill found that the GP violated professional boundaries with the plaintiff’s husband while he was a current patient and failed to meet professional and ethical standards.

The rape was related to an instance in which the family doctor sent a message to the woman’s husband, informing him of an appointment the woman had made.

The GP was instructed to apologize and receive tutoring.

The Medical Council has now appointed a professional conduct committee to examine the case.

It said in a statement that it was limited as to what information it could provide due to Privacy Act considerations.

“The Medical Council takes sexual / professional boundary violations very seriously and has a zero tolerance position for physicians who have sex with patients.

“For this reason, we have developed a fast and personalized process for professional boundary notifications to ensure public safety.”

The Health and Disability Commissioner’s decision said the GP, known as Dr. B, was in a relationship with a married man in 2018.

She transferred her care to another GP at the same medical facility, while continuing to treat her wife and children.

After the affair was revealed, the wife requested an appointment for a medical certificate and was scheduled to see Dr. B, who then violated doctor-patient confidentiality by disclosing the appointment to the husband.

In a point of view posted by New Zealand doctor / Rata Aotearoa, the wife said that learning that her husband of 20 years was having an affair with the family’s GP was “devastating.”

She told RNZ News that the commissioner’s decision served to validate what had happened.

“It was difficult to get there. I had to provide a lot of documentation, I had to go back and forth.

“There were times when I wanted to give up … it was just me, I didn’t have a lawyer, but I went ahead and the result was satisfactory, I think, just to know ‘that’s right.”

He was advised from the beginning to make the complaint, but it took energy to muster up enough courage. He knew the strict ethical code that governs doctors, but “the heart takes a long time to catch up with the head.”

“I think the person on the street probably knows that a doctor shouldn’t have an affair with a patient – I think that’s well known, but I wanted to see specifically what the rules said.

“I also felt very bad about the violation of my privacy, and I wanted them to test it too.”

He had considered going to the Medical Council, but learned that it was not possible to make a complaint directly to the organization.

The New Zealand Medical Council is the national standards and assessment body for medical education and training. It is responsible for the registration of physicians and has the power to suspend or terminate the right to practice medicine in New Zealand.

The woman said the H&D complaint process was straightforward enough for someone like her with the ability to compile and present an argument, backed up with evidence, but left her wondering how difficult it must be for those struggling with other issues, such as bad health.

“I think it must be terrible. It is possibly one of the reasons for the low percentage of people who come to the formal investigation process.

“I have absolutely no complaints with the Office of the Commissioner for Health and Disabilities. Every person I dealt with there was professional, patient and kind, but if you don’t have the skills … it’s difficult.”

He had no expectations of an outcome, but believed that penalties for similar behavior in other industries seemed harsher.

“I never expected an actual sanction as such, but for the Commissioner to find out there was a violation was … it kind of helped, it really did.

“For me personally, this has been a giant step and in a way I am willing to put it behind me, but I am aware that there are others who may have complaints and who may be struggling.”

“If you don’t say it, who will? If there are no consequences, where is the incentive to strive to comply with a code?

“We have to have faith in our doctors, this is a GP with whom I have shared my most personal medical information.”

The Medical Council has a subcommittee of professional conduct committee members, who deal only with notifications involving complaints of sexual / professional boundary notifications.

Its members collect information, meet with the people they consider relevant, and invite the doctor to meet with the committee.

The committee then makes a decision based on available options, ranging from filing charges in the Health Professionals Disciplinary Tribunal, adopting an educational or counseling approach, or taking no further action.

The council said the investigation will be completed as quickly as possible, ideally within eight to 12 months, but the timeline will depend on the complexity of the investigation.