An Auckland osteopath has been found guilty of negligence and malpractice after a disciplinary tribunal concluded he repeatedly crossed professional boundaries with a patient before engaging in serious sexual misconduct during the course of treatment.
Report by elocal
The Health Practitioners Disciplinary Tribunal (HPDT) has proposed cancelling the practitioner's registration and preventing him from re-registering for three years following findings involving inappropriate messages, unwanted sexual advances and non-consensual touching of a patient. The practitioner currently has interim name suppression while the tribunal considers penalty orders and whether suppression should continue.
Patient says relationship escalated into grooming
The tribunal heard the woman had been receiving treatment for chronic pain throughout 2022 and 2023 when the practitioner began sending increasingly inappropriate personal messages.
According to evidence presented at the hearing, the osteopath repeatedly attempted to pursue a sexual relationship despite the patient making it clear that, because of her Christian faith, she intended to remain celibate until marriage.
Text messages presented to the tribunal showed the practitioner questioning her beliefs and attempting to persuade her otherwise after discussions about sex before marriage.
Home appointment raised further concerns
One of the most concerning incidents occurred during a home visit in March 2023.
The tribunal heard the practitioner requested that treatment take place in the woman's bedroom. During the appointment, the woman alleged he removed her clothing, kissed and caressed her body and guided her hand onto his body, including his penis.
She eventually told him to stop before reiterating her religious beliefs. Although she later kissed him goodbye, she told the tribunal this was an automatic reaction rather than genuine consent.
The tribunal also noted there were no clinical notes recorded for the home consultation.
Tribunal finds non-consensual touching
The woman later alleged that during a clinic appointment in June 2023 the osteopath touched her vagina without consent while providing treatment.
She told the tribunal she immediately knew the contact fell outside any legitimate clinical procedure and later came to believe she had been groomed over many months.
Following that appointment she informed the practitioner she intended to seek treatment elsewhere despite considering him to be an excellent osteopath professionally.
The tribunal accepted her evidence and found the conduct amounted to negligence and malpractice.
Practitioner left New Zealand
Following the complaint to the Health and Disability Commissioner, the practitioner left New Zealand and relocated to the United Kingdom.
Evidence presented to the tribunal showed he later sought registration with the UK's General Osteopathic Council but answered "no" when asked whether he was subject to any disciplinary investigations, despite the ongoing New Zealand proceedings.
The UK regulator subsequently removed him from its register.
Professional boundaries under scrutiny
The tribunal also heard the osteopath:
- Sent inappropriate personal messages to the patient.
- Attempted to pursue a romantic and sexual relationship while she remained under his care.
- Failed to maintain proper clinical notes for several appointments.
- Sometimes did not charge for treatment.
- Blurred professional and personal boundaries over an extended period.
The tribunal has indicated cancellation of his New Zealand registration is appropriate, with a three-year prohibition on re-registration proposed. A final decision on penalties and permanent name suppression will be released at a later date.
Wider implications
The case serves as another reminder of the significant trust placed in registered health practitioners and the importance of maintaining clear professional boundaries. New Zealand's health disciplinary system exists to protect patients where those boundaries are breached, particularly where vulnerable patients may be exposed to exploitation while seeking treatment.
The Health Practitioners Disciplinary Tribunal's findings reinforce that personal or sexual relationships between practitioners and current patients fundamentally undermine professional standards and public confidence in healthcare.
Source - RNZ News (Original reporting by Open Justice reporter Brianna McIlraith)
Original article: https://www.rnz.co.nz/news/national/