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Decision No: 99/45D
Practitioner: Dr Colin Frederick Wakefield
Charge Characteristics: Inadequate informed consent
Inappropriate touching
Additional Orders: Complainant granted name suppression:
9945dhearprimin
Decision: 9945dfindingslaw
Penalty Decision: 9945dfindingssuplaw

 

Charge:  

The Director of Proceedings charged Dr Wakefield with conduct unbecoming a medical practitioner which reflects adversely on his fitness to practise medicine, in that he provided services of an inappropriate professional standard. The charge stated:

  1. Dr Wakefield touched his patient's left and right legs with his lips; and/or
  2. Dr Wakefield failed to obtain his patient's informed consent to touch her legs with his lips.

 

Finding:

The Tribunal found Dr Wakefield guilty of conduct unbecoming a medical practitioner which reflects adversely on his fitness to practise medicine.

A patient had oedema of the legs and it was important to test for skin temperature. Dr Wakefield touched his patient's legs with his lips to see if he could feel any heat. The Tribunal accepted evidence that this was a highly unorthodox and inappropriate way to test for skin temperature. The Tribunal found that while Dr Wakefield obtained informed consent from the patient for him to examine her legs, he should have specifically obtained the consent of the patient to use his lips, as it was an unorthodox method of treatment. He did not do this.

The Tribunal found that both particulars were established to the required standard.

 

Penalty:

The Tribunal ordered that Dr Wakefield be censured, pay a fine of $1,000 and contribute 30% of the costs and expenses of and incidental to the investigation, prosecution and hearing. The Tribunal further ordered publication of the hearing in the New Zealand Medical Journal.