08 Jul 2022
A GP has been reprimanded by a tribunal and had his registration suspended for two months for professional misconduct.
The Medical Board of Australia (the Board) referred Dr Cameron Day to the South Australian Civil and Administrative Tribunal (the tribunal) in September 2021. The Board alleged that Dr Day’s behaviour involving the treatment of a patient constituted professional misconduct by:
The Board’s action followed a notification alleging that Dr Day had made inappropriate sexual advances upon a patient while providing back and neck care in a consulting room. The Board took immediate action in June 2020 and imposed gender-based restrictions on Dr Day’s registration so that he was only permitted to see male patients.
On 17 March 2022, the tribunal found that Dr Day’s conduct constituted professional misconduct and described it as serious. It commented that the statements made to the patient were clearly such as to suggest to the patient that he obtained personal enjoyment or gratification from touching her body during the treatment, and that in the light of the intimate nature of the treatment described, it is no surprise that the patient felt highly distressed and violated.
The tribunal went on to find that Dr Day’s failure to provide a modesty covering when the patient was wearing a skirt and being treated by hand pressure to the bare skin of the inner thigh area was a particularly serious deficiency, and that the treatment in this case was of a type that required careful attention to the obtaining of informed consent. The tribunal commented that it was of great concern informed consent was not obtained or recorded and that the notes did not adequately indicate what treatment was performed or why.
The tribunal found that Dr Day’s conduct had fallen substantially short of the standard to be reasonably expected of a practitioner of his experience and training and ordered that:
Dr Day was ordered to pay the Board’s costs.
Read the tribunal’s full decision on the AustLII website.