25 May 2015

Physio had sex with client - inquiry

3:17 pm on 25 May 2015

An investigation had found a male physiotherapist had sex with a patient and afterwards pursued her for a relationship she did not want.

The woman claims the pair had sex by mutual consent ''several times'' in one night, just hours after her final consultation.

An inquiry was launched after the woman's father laid a complaint with the Deputy Health and Disability Commissioner, Theo Baker.

The couple's encounter followed a string of clinic appointments, to which her children also attended.

Over that time the pair exchanged text messages and discussed personal matters.

During the final appointment they talked about movies and the physiotherapist told the woman he had a "massive DVD collection".

Later, the physio sent a text asking her if she liked action movies and arranged to drop some films off at her house.

He arrived that evening when a pizza she'd ordered turned up at her house and the man was invited in for dinner.

The woman, in her 20s, told the Deputy Commissioner that she had sex with the physio more than once and they stayed in the lounge until about 5am.

After that the man contacted the woman repeatedly, but she told him she did not want an ongoing relationship.

Persistent

After their first night together she said the physio asked her to come around for a massage and dinner.

She said she could not go because she did not have a babysitter.

The report said he suggested the children should also come around and he could set them up in another room.

According to the woman, he told her he wanted to take her to concerts and on a trip overseas.

The report also revealed the pair had known each other for a number of years because they had both attended the same church and the man knew her family.

Watchdog's findings

The Health and Disability Commissioner Theo Baker found the sexual relationship took place while the woman was still a patient.

The Deputy Commissioner said:

"The man's conduct was clearly unethical and his actions were a severe departure from accepted standards of professional behaviour."

A decision will be made whether to take court action against the physiotherapist.

He was the sole director of the clinic at which he worked.

The man has been asked to write a letter of apology to the woman, to be delivered through the Health and Disability Commissioner.

Disputing the woman's case

Through his lawyer, the man told the Deputy Commissioner that after the final patient appointment he confirmed with the woman he was no longer seeing her in a professional capacity.

He added that he a was a deeply committed and professional healthcare provider who was proud of and maintained the highest standards of professionalism in treating patients.

The report said the man's lawyer stated: "...[the man] rejected the allegations of unprofessional behaviour. He stated that the allegation that he was unprofessional in his treatment [of the woman] was 'deeply offensive, and wrong'".

The man was given the opportunity to be interviewed by the Commissioner's staff but declined.

The names of the physiotherapist, the woman, and the clinic at which he practiced during the breach of professional boundary have been withheld by the Health and Disability Commissioner.