A Dunedin doctor who practised in the region for 41 years has had his registration cancelled after admitting to an affair with a patient 30 years his junior.
Dr Paul Bennett, who was the owner/director of the Broadway Medical Centre during the course of the two-year affair admitted to lying to the Medical Council about his actions.
The Health Practitioners Disciplinary Tribunal released the decision last week, finding the doctor entered into and continued a sexual relationship with his patient along with misleading the Medical Council by denying the relationship - but retracted his denial once the council became aware of it.
The matter between the Professional Conduct Committee (PCC) of the Medical Council vs Bennett was heard in February last year, with the tribunal making a decision in May 2021.
In the summary of facts, the patient, [Ms E], enrolled with the Broadway Medical Centre in July 2006, under the care of Bennett.
She had a chronic health condition which required her to make appointments every three months. Her children were also enrolled at the same clinic.
The relationship grew out of the doctor and patient’s mutual interest in an "activity". In 2014, during a six-week holiday, Bennett employed the patient on a cash basis, to do the "activity" in his absence which she agreed to do and they continued to see each other on a regular basis after that, enjoying their mutual interest.
While Bennett initiated a transfer of care of [Ms E] to his colleague, he did not cease contact and the pair continued the relationship.
The breach was exposed in June 2018 when the patient met with Steph Farrand, an endocrinologist.
[Ms E] had been struggling with hiding her relationship with Bennett, and this stress had also led to her having difficulties in managing her chronic condition, the tribunal found.
"Dr Farrand noticed that [Ms E] was having difficulties, and asked her what was going on. [Ms E] then disclosed her relationship with Dr Bennett. Dr Farrand arranged for [Ms E] and her sons to transfer to another GP, and suggested that [Ms E] meet with Julie Coverson, a nurse that had previously provided care for [Ms E]."
Coverson and her colleague, Dr Blair Bermingham, reported the relationship to the Medical Council on 27 September 2018.
The patient also disclosed the relationship to the father of one of her children. The tribunal noted the father was upset and made a complaint to the Health and Disability Commissioner. This complaint was referred to the Medical Council on 5 September 2018.
The Medical Council also received a complaint from [Ms E]'s father, Mr H, on March 12 2019.
Bennett was invited to respond to the complaints received by the Medical Council. In a letter dated 2 November 2018, Bennett stated that he and [Ms E] "have not engaged in any sexual conduct".
On March 14 2019, Bennett provided a further response to the council, where he stated that his denial that he and [Ms E] had been in a sexual relationship was untrue.
The tribunal found amongst other aggravating and mitigating factors that the patient was a solo mother with a chronic life-threatening illness and was a vulnerable patient. Along with this, there was a well-established patient/doctor relationship for a period close to 10 years from 2006.
The patient's victim impact statement confirmed that the nature of the relationship and the consequences to her have had an impact on her family and friends.
"There has been considerable stress on her in hiding the relationship from family and friends. She has ongoing issues about the trust of other doctors. Her vulnerability is compounded by the fact that she has a chronic condition which is negatively affected and demonstrates the power imbalance."
The tribunal also said there was an element of premeditation from Bennett.
A further aggravating factor was that Bennett misled the Medical Council with a dishonest statement regarding the true nature of the relationship - he retracted that statement after the affair was revealed.
The tribunal said Bennett’s own evidence suggests that he was under enormous pressure and working long hours and has ceased practice as a result of the proceeding.
The tribunal in its decision, cancelled the doctor’s registration, imposed conditions to be satisfied before re-registration, imposed conditions for three years upon re-commencement of practice, censured Bennett and ordered him to pay $30,000 in costs.
Bennet has not held a Practising Certificate since 31 May 2019.
The tribunal noted that it is satisfied that it is desirable that Bennett’s name is published in the interests of transparency.
Chair of the Medical Council of New Zealand, Dr Curtis Walker, said in a statement to 1News that the Council expects doctors to be aware of, and comply with, its published standards of clinical and ethical practice.
"In this matter, the Health Practitioners Disciplinary Tribunal (HPDT) decision to cancel the registration and impose conditions on any future re-registration of this doctor reinforces the role of Council in promoting and protecting public health and safety. This includes ensuring there is a clear and fair process of dealing with concerns raised about the practice or conduct of a doctor. The Council takes any suggestion that a doctor has not met standards very seriously and works hard to protect patients."
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