30 Jun 2010

Medical Council can't suspend disgraced doctor

5:45 am on 30 June 2010

Delays in dealing with a doctor found guilty of disgraceful conduct have angered an Auckland women's health lobby group.

The GP is still working part-time in Christchurch and the Medical Council says it has no power to suspend him under the law that applied when his offending took place.

Jo Fitzpatrick of Women's Health Action Trust in Auckland says there needs to be more openness about the case so people can make informed decisions about who they want as their doctor.

She told Checkpoint there seems to be over-caution on not penalising the doctor, but warns such cases are rarely isolated.

Ms Fitzpatrick says the GP should have careful supervision, especially when dealing with vulnerable young women patients.

The doctor, identified only as Dr C, was found guilty by the Medical Practitioners Disciplinary Tribunal of disgraceful conduct in having a sexual relationship with a teenaged patient who was also his babysitter.

The case occurred in 1985 and was investigated after the woman laid a complaint 15 years later.

Medical Council powerless

The Medical Council says it will try to reach a voluntary agreement with the doctor, which could involve supervision, but it has no power to enforce action before the tribunal decides on penalties next month.

These could include suspension of his practice, the imposition of conditions on it, or being struck off the list of approved doctors.

Medical Council chief executive Philip Pigou says because the offending happened before new legislation was put in place in 2004, his organisation has no power to suspend the doctor before the tribunal's decision.

The Medical Council's registrar David Dunbar told Checkpoint that while it has no binding power over the doctor, he believes it can carry some weight.

He says the council will have a "firm conversation" with Dr C this week, and try to convince him to agree to work under voluntary supervision.