KEY POINTS:
A doctor was yesterday fined $10,500 and censored after the Health and Disciplinary Tribunal found him guilty of professional misconduct when he diagnosed his de facto partner with depression and prescribed her medication.
The doctor, who has permanent name suppression, diagnosed his partner, also granted name suppression, as
having depression in 2002, shortly after they moved in together.
During their relationship, that lasted until May 2006, the Manawatu doctor prescribed antidepressants, hormone replacement medicine and medication for gastric problems.
About a month before their relationship ended, the woman was assessed by an independent mental health team who saw no sign of depression.
It was not known if the doctor's diagnosis was initially incorrect as during their relationship his partner could have recovered from the illness.
The doctor yesterday told the tribunal he felt like he was "a prisoner of conscience" as his partner was not getting medical help from an independent GP. He felt he had no option but to prescribe medication to her.
"I was in no doubt of my diagnosis of depression."
He said he was aware that his actions were unwise, but he found it difficult to know what he could have done differently in the circumstances.
He was under the impression she was seeing a GP of her own and had hoped that doctor would begin to prescribe medication so he could stop.
It was not until recently he discovered his partner had never seen another doctor apart from himself, and he told the tribunal he was shocked when he found out.
The doctor accepted he had not kept full notes on the medical care he had provided his partner.
The director of proceedings, Theo Baker, said a 2001 Medical Council report recommended that because of emotional ties, doctors should not care for family members except in minor or emergency health matters.
The report said the only time doctors should care for loved ones was when the patient's overall healthcare was being monitored by their GP. Ms Baker said prescribing medication to his partner amounted to professional misconduct.
The tribunal found that the doctor's diagnosis, failure to keep full medical records and prescription of anti-depressants and other medications was a serious departure from accepted standards, warranted disciplinary sanction and amounted to serious misconduct.
The tribunal ordered the doctor to undertake education with regard to professional boundaries within the next six months, and confirm to the Medical Council he had done so.
It also recommended the Medical Council undertook a competence review of his practice with regard to women's and mental health and record keeping.
The doctor was fined $7500 and ordered to pay $3000 costs, with half to go to the tribunal and half to go to the director of proceedings.
- NZPA
