Doctor suspended after behaviour ruled inappropriate

A Health Practitioners Disciplinary Tribunal found the behaviour of Dr Vijay Harypursat in April and May 2013 amounted to professional misconduct. Photo / Thinkstock

A Whangarei doctor sent inappropriate text messages conveying his attraction to a 22-year-old patient, arranged unnecessary appointments for her and bought her gifts.

A Health Practitioners Disciplinary Tribunal found the behaviour of Dr Vijay Harypursat in April and May 2013 amounted to professional misconduct, according to a decision released today.

His behaviour also breached previous conditions placed on him in January 2012 when he sent inappropriate texts to a 14-year-old female patient.

In the decision released today, the complainant's name and identifying details were suppressed, as was doctor's former practice where he worked at the time of the incident and some details about his family.

Evidence presented in the case showed the patient had a history of mental health care but visited the doctor for a suspected ear infection in April 2013.

A litany of text messages from the doctor, aged in his mid-40s at the time, that escalated in intensity, despite his patient constantly declining his advances was also included.

"I know I'm not supposed to be 'distracted' by you, but I can't help it. I have had this affliction for the past 3 years, since I first met u...and it's difficult to get rid of," he said on one text.

He also arranged to meet the patient in the Whangarei town centre to discuss "wonky test results" that medical records showed were actually clear.

He gifted her some earrings in an envelope with a note that said, "Please keep the earrings. I'd like to see you in them one day ... xxx [sic]."

Other messages showed the doctor offering to buy the patient gifts while he went on an overseas holiday, and the patient repeatedly telling him not to.

While he was on the holiday he text her twice, to which she did not reply.When he returned, he tried to get the patient to make an appointment with him or meet at the local shops to give her a gift he had purchased on the holiday.

The patient replied: "I stil don't think gud idea. U know it's not proffesional 2 b meeting patients in town right? As nice as it is u got me something u shudnt have as i told u not 2 and 2 spend it on ur family. ur family need u [doctor's name] and am sure they love u a lot [sic]."

Further text messages ensued, during which the doctor called his patient "an exceptionally beautiful young woman" and begged her not to change doctors.

"I would never have thought that I could just be so overwhelmingly attracted to somebody other than my wife. Apparently I can."

The tribunal found the doctor's behaviour was professional misconduct.

"Over a period of two and a half months, the practitioner communicated with the patient in such a way as to make it abundantly clear to her that he was romantically and sexually attracted to her, and had been so for a number of years, contrary to the most elementary principles governing professional relationships between doctors and patients."

The decision said the patient behaved in a "thoroughly dignified and commendable fashion" throughout the ordeal.

The doctor's lawyer successfully argued that his misconduct was not as serious as other cases where the penalty was disqualification.

Dr Harypursat -was suspended for nine months; will undergo a sexual misconduct assessment and pay 40% of the costs of proceedings.