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Home / New Zealand

Complainant says breast exam was like 'milking a cow'

NZ Herald
12 Nov, 2019 03:19 AM3 mins to read

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The tribunal hearing revolves around multiple "inappropriate" breast examinations. Photo / File

The tribunal hearing revolves around multiple "inappropriate" breast examinations. Photo / File

A doctor accused of giving inappropriate breast examinations for multiple women is alleged to have touched one patient's breasts as if he was "milking a cow".

The woman gave evidence at a Health Practitioners Disciplinary Tribunal today, saying she often had fleeting thoughts about the incident.

The former North Island doctor is accused of telling a 15-year-old patient she should try masturbating and initiating inappropriate breast examinations with multiple patients between 2011 and 2017.

The woman who gave evidence today said she visited the doctor in 2012 primarily for a throat complaint but also discussed other things including an ingrown nail.

She alleged the doctor repeatedly asked to conduct a breast examination, something she said she did not want at the time.

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He then asked whether she gave herself self-breast-checks and she told him her breasts felt lumpy anyway.

She told the hearing the doctor then said: "So you don't enjoy your breasts being touched."

She eventually agreed to the examination after the doctor asked three or four times.

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The woman said the doctor did not offer her a chaperone and did not close the curtain while she was getting changed.

Notes he wrote from the appointment said she was offered a chaperone but had declined.

She said unlike previous examinations she was sat upright. The woman claimed the doctor's hands were going in and out "like milking a cow".

During the examination she said the doctor told her, "You know you're really attractive, don't you".

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At that point the woman said she walked out.

The Professional Conduct Committee (PCC) alleges the man's actions amount to misconduct and the examinations were not "clinically justified" or expected by the patients.

The woman told the hearing she felt rattled by the doctor's wife, who was in the room while she was giving evidence. The woman claimed the wife made eye contact with her and laughed with the doctor.

Following this, the wife was asked to leave until the woman had finished testifying.

During cross examination, defence lawyer Dr Donald Stevens said the woman was offered a chaperone but she had forgotten.

"The point is, that you agreed to the breast examination, didn't you," Stevens said.

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The examination was done with the complainant both sitting and lying down, the lawyer said.

He also noted a call between the complainant and a nurse whose notes from the call record the year the examination happened differed from the complainant's version of events.

Stevens said the woman had not raised concerns with the health centre until 2017 and she didn't provide any formal record until May 2018.

"What [the doctor's] approach is, is helping patients with preventative medicine," Stevens said.

During the tense cross-examination in which the woman cried, Stevens said she was not an apologist for the #MeToo movement.

He made the comment after the complainant said several times during questioning, "this is why people don't want to come forward".

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"People facing allegations have a right to defend themselves," Stevens said.

The complainant is the second woman of eight to testify about the alleged misconduct.

The doctor denies the charge and the hearing is set to run through next week.

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