Key Takeaways
- A GP has been criticized for discussing details of a pregnancy termination with a woman in a busy waiting room area.
- The doctor breached the health consumers’ code by failing to provide services with reasonable care and skill.
- The woman was told to return for a second consultation after lockdown, which was found to be incorrect advice.
- The doctor has been recommended to undergo training for privacy and management of patients requesting termination of pregnancy.
- The GP clinic has been asked to review its complaint management processes and make changes as necessary.
Introduction to the Incident
A GP has been criticized for discussing details of a pregnancy termination with a woman in the reception area of the clinic. The woman, an international student with limited English, had visited the clinic in August 2021 to request a referral for a termination of pregnancy. The doctor took the woman to the front desk and discussed the details of the process required for a planned termination with the receptionist in the busy waiting area. This incident has been found to be a breach of the health consumers’ code, and the doctor has been recommended to undergo training for privacy and management of patients requesting termination of pregnancy.
Investigation into the Complaint
The Health and Disability Commissioner (HDC) investigated the complaint following a referral from the Health and Disability Advocacy Service. The GP clinic initially refused to engage with the complaint, despite five attempts, and finally responded to the HDC’s request for information about 18 months after its initial request. The investigation found that the doctor had breached a section of the health consumers’ code by failing to provide services with reasonable care and skill. The doctor had also failed to refer the woman in a timely manner, advising her to return for a second consultation after lockdown, which was found to be incorrect advice.
Discussion of the Incident
The doctor claimed that he did not carry out a consultation in the reception area, but acknowledged that he took the woman to the front desk and told staff that "she needed a TOP (termination of pregnancy) workout" in the full reception and waiting area. He claimed that this was necessary for the reception staff to coordinate the next steps. However, Deputy Health and Disability Commissioner Vanessa Caldwell said that regardless of the intent, the doctor had a responsibility to consider the sensitivity of the matter and respect the woman’s privacy. Caldwell said that more suitable options might have been a brief written note to the receptionist about what was required, or going to the reception area first to discuss next steps with the reception staff.
Failure to Refer in a Timely Manner
Caldwell said that it was her view that the doctor failed to refer the woman in a timely manner. The doctor had advised the woman to return for a second consultation after lockdown, which was found to be incorrect advice. The woman was also told that no termination services were available during alert Level 4 lockdown, which was later found to be incorrect. Caldwell said that the doctor’s intention to have a second consultation with the woman before formalizing the referral was "probably reasonable" at the time, but it was "unreasonable and inconsistent" with accepted practice to advise the woman to make an appointment after lockdown when the duration of lockdown could not be anticipated.
Conclusion and Recommendations
The doctor has been recommended to undergo training for privacy and management of patients requesting termination of pregnancy. The GP clinic has also been asked to review its complaint management processes and make changes as necessary. The doctor has been asked to apologize to the woman, who said that the incident had been a "deeply painful and personal memory" for her. The HDC has said that it does not hold information on whether the woman was able to proceed with the pregnancy termination, as that information was not relevant to the complaint. The incident highlights the importance of respecting patients’ privacy and providing timely and accurate advice, especially in sensitive and time-critical matters such as pregnancy termination.
