Auckland GP suspended for sex with patient

Dr Maheshkumar Bhikhubhai Patel after today's hearing. Picture / Dean Purcell

An Auckland GP was today suspended for two years for having a sexual relationship with a patient.

Dr Maheshkumar Bhikhubhai Patel had pleaded guilty to a charge of professional misconduct before the Health Practitioners Disciplinary Tribunal.

He must pay a fine of $10,000 and half the costs of bringing the case against him and comply with several conditions, including undertaking a sexual misconduct assessment in line with Medical Council policy.

The 44-year-old doctor's wife sat with him throughout the hearing.

Also present were the woman with whom he had the consensual relationship, whose name is suppressed, her partner and her husband, from whom she is separated.

The tribunal heard that the woman's husband visited Dr Patel at his clinic in February last year and he admitted to the relationship. This was just over a week after the doctor told the clinic's chief executive.

The relationship began in July 2004. It formally ended when Dr Patel transferred the woman's medical notes to another doctor.

However, his lawyer, Harry Waalkens QC, told the tribunal the relationship actually ended the previous month.

The woman was suffering from depression when she was consulting 44-year-old Dr Patel.

Mike Heron, the lawyer prosecuting for the Health and Disability Commissioners' director of proceedings, said this was an aggravating factor.

"The patient was not only vulnerable in the ordinary sense, in that she was a patient of Dr Patel's, but her vulnerability and potential to be exploited was increased due to her depression," Mr Heron said.

"… A doctor having a relationship with a patient with mental difficulties increases the seriousness of the conduct.

"Dr Patel breached his patient's trust. She feels as though she was taken advantage of and, while at the time she was a willing participant, in retrospect now considers that this was wrong.

"She is now left having to accept the breakdown in her relationship [with her husband] and the impact this has had on her family."

Mr Waalkens said Dr Patel resigned from clinical work in May last year, shifting to a management position in the Auckland clinic at one-third the pay.

The Medical Council endorsed this move, restricting him to non-clinical practice. The name of the clinic is suppressed.

Mr Waalkens said Dr Patel apologised to the woman, her family and everyone else he had let down.

The relationship was consensual and Dr Patel was not wholly to blame, but he accepted it was his responsibility to avoid it happening.

Mr Waalkens attributed Dr Patel's conduct to a bout of depression, which had been addressed, and said he posed no risk to the public.

He blew the whistle on himself, reporting the matter voluntarily to the clinic's chief executive. He also voluntarily paid the woman $5000 to assist with costs incurred as part of the "fall out".

Mr Waalkens said the sexual relationship with the patient was an isolated "aberration" and completely out of character for Dr Patel, who had never been any trouble before and who had a very successful medical career.