Dialogue Volume 10 Issue 4 2014 | Page 79

discipline summaries to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Redhead denied the allegations. The Committee found that it was inappropriate that Dr. Redhead engaged in a sexual relationship with Ms X, a former patient, only a few weeks after the end of their doctor-patient relationship. Dr. Redhead had treated Ms X on several occasions while on call at a hospital. He attended on Ms X in person as a patient on five occasions: twice on November 12 and then on December 27, 28 and 29, 2006. Dr. Redhead was aware of Ms X’s vulnerabilities and he treated her for mental illness, which consisted of depression, anxiety, and suicidal ideation. Dr. Redhead also gave gifts to Ms X. He knew that she was emotionally and financially needy. The giving of gifts by Dr. Redhead to someone who he knew had such problems, served only to deepen her dependence on him and thus exploited her vulnerability and augmented the power imbalance between them. Reasons for Findings Dr. Redhead had been alleged to have committed sexual abuse of a patient, Ms X. The Code defines sexual abuse of a patient by a member to include “sexual intercourse or other forms of physical sexual relations between the patient and the member”. There is no dispute that Dr. Redhead and Ms X engaged in such frank sexual activity. However, for that to constitute sexual abuse by Dr. Redhead, Ms X must have been his patient at the time the sexual activity took place. The Committee concluded that Ms X was not Dr. Redhead’s patient during their sexual affair. There is no evidence that Dr. Redhead had a patient file for Ms X with a clinical history, physical examination, diagnosis and plan of management. There is no documentary evidence in which Dr. Redhead referred to Ms X as his patient. She had her own family doctor and other specialists were treating her. She was clearly not dependent on Dr. Redhead for her care. In fact, Ms X testified that she didn’t need medical care at the time she was seeing Dr. Redhead as she was feeling better. Dr. Redhead never wrote any consultation letters on her behalf or received any from other consultants. He did not provide her with psychotherapy. A physician, however, may be found to have engaged in conduct that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional by beginning a sexual relationship unacceptably soon after the end of a doctor-patient relationship. In coming to its conclusion on this issue, the Committee considered the