Court hears of patient's privacy concerns

Hongsheng Kong. Photo / Martin Sykes

A man who visited an Auckland doctor's surgery for a flu vaccine became concerned his privacy had been breached after receiving a call from his own doctor telling him of a request to transfer his files to the other clinic, the Auckland District Court heard yesterday.

The man, who has name suppression, was giving evidence yesterday at the depositions hearing of practising Panmure doctor Hongsheng Kong, 42.

Kong faces 24 charges of fraud for allegedly tampering with his patients' files in a bid to obtain more than $1.3 million of Government funding.

The witness told the court that his doctor of 15 years had contacted him to see if he wanted his files moved to Kong's practice after receiving a request to have the file moved.

The man said that although he had his own doctor, he had visited Kong in 2002 or 2003 simply for "convenience" after stepping off a bus and seeing a sign advertising flu vaccinations for just $10.

The man said he did not want his files transferred and became concerned about another person requesting them, so he called a Ministry of Health hotline.

Kong's defence counsel, Paul Davison, QC, asked the man if he could remember the forms he signed at Kong's practice.

The man said he could not recall all the forms he signed.

Kong is also charged with attempting to pervert the course of justice for allegedly changing his original diagnosis on a patient who had melanoma, on the same day that a test returned confirming the skin cancer in November 2005.

The patient later died and his family complained to the Health and Disability Commissioner that Kong did not diagnose the cancer earlier.

Kong was cleared because the information relied on had allegedly been manipulated.

Deputy Health and Disability Commissioner Rae Lamb told the Herald yesterday that the family's case was to be reviewed when the court process was over.

The commissioner revisited the case when the fraud allegations against Kong came to light and had contacted the family to tell them, Ms Lamb said.

Ms Lamb said the Medical Council was informed to ensure that public safety was not at risk.

A Medical Council spokesman said last night that Kong was still a practising GP but with supervision, including special conditions that meant he was not allowed financial or management interests at any practice he worked at.

The depositions hearing continues until Friday.