A GP who had a sexual relationship with a patient may keep his job because there is no-one to replace him.
Justice Ailsa Duffy said in the High Court in Auckland that a suspension might deprive the Auckland doctor's patients of care because he is the sole practitioner at a
community health centre serving a poorer, hard-to-staff area.
She delayed her judgment on the doctor's appeal against a 18 months suspension until he underwent a sexual misconduct assessment to show whether he could be rehabilitated and carry on working, The Dominion Post reported.
The suspension was imposed after the doctor was censured by the Health Practitioners Disciplinary Tribunal last November
The woman, was treated by the doctor in 2004 and was employed by him as a part-time practice nurse in 2006, after which they began a sexual relationship. Both have name suppression.
At the appeal hearing, Justice Duffy said if a sexual misconduct assessment showed the doctor could be easily rehabilitated, it might be best for his patients if he was allowed to continue working.
However, if the assessment showed his behaviour was predatory, it would be better if his suspension was upheld.
Harry Pert, chairman of the Royal New Zealand College of GPs, said he was not aware of the details of the case but agreed a suspension could occasionally have a negative effect. "In some circumstances the loss of even one GP can have a significant impact on general practice and patients." He did not say if that should be taken into account when suspensions were being considered.
The Auckland doctor's lawyer, Harry Waalkens, QC, confirmed his client was still working.
- NZPA
