Doctor's sex with patient 'unethical'

BY REBECCA WALSH

A doctor who had a sexual relationship with a patient he later married and then separated from breached ethical standards, says the Health and Disability Commissioner.

The investigation was carried out after a complaint by the woman, who was married to the GP for less than a year.

Commissioner Ron Paterson said the case highlighted the weakness of guidelines regulating doctors' sexual relationships with former patients, and prescribing for family members.

New Medical Council rules say it is ethically acceptable for doctors to have sex with former patients under certain circumstances.

The doctor, who was not named, had treated the woman for chest and cardiac problems in 2000 and 2001. During a post-operative visit the woman claimed he had referred to her breasts as "gorgeous, just gorgeous".

The doctor denied this and said he was referring to the way her scar had healed.

In October 2001 the doctor told the woman he had "feelings" for her and she claimed he "showered her with flowers and wine".

"She was confused by Dr B's attention because she still considered him her doctor," the report said.

The doctor said once he was aware the woman reciprocated his feelings he transferred her records to another doctor.

The couple began dating and were married in March 2002. They separated in October 2002.

The woman subsequently complained about the adequacy of the care she received. She questioned whether the doctor had met appropriate ethical standards by entering into a sexual relationship with her and queried whether it was ethical for him to prescribe her medicine.

The doctor believed his care was up to standard. He said he had not resumed an intimate relationship with the woman until she was transferred to another GP. He believed the complaint was motivated by "the unhappy nature of our relationship break-up".

Mr Paterson found the doctor had not breached standards of care but said he did breach professional ethical standards in his relationship with her. He had continued to prescribe medication for a "chronic condition".

Mr Paterson said the ethical situation was not changed by the fact the doctor married his patient nor by her motives in bringing a complaint after a bitter break-up.

He recommended the doctor discuss the lessons and implications for his future practice with a colleague appointed by the Royal New Zealand College of General Practitioners.