Ex-Dunedin Hospital nurse suspended over relationship with patient

A former Dunedin Hospital nurse has been censured by the Health Practitioners Disciplinary Tribunal for professional misconduct for having a relationship with a patient.

Michael Christopher Roberts was employed as a registered nurse in Dunedin Hospital ward 5B and was found to have been in an inappropriate and/or sexual relationship with a patient/former patient from December 2007 to November 2010.

Mr Roberts, who has returned to England where he is working in an outpatient clinic, has appealed his penalty to the High Court.

In its June 12 finding, released yesterday, the tribunal suspended Mr Roberts' registration for three years, ordered him to pay $10,000 costs and censured him.

He did not seek name suppression.

The summary of facts said Mr Roberts handed the woman, at the time an inpatient in 5B, a piece of paper with his name and cellphone number on it, saying "this is highly unprofessional" before leaving the room. They began exchanging text messages, although Mr Roberts could not recall this.

The patient had been diagnosed with an extremely debilitating disease, and did not think anyone would love or care for her, but "then along came a nurse who showed an interest in her", the summary said.

She was discharged, and the pair started a sexual relationship in late 2007. Two years later, Mr Roberts moved into her house, until the relationship ended in November 2010.

During their relationship, he twice nursed her when she was admitted to hospital, without advising colleagues of their relationship.

The day after he sat the final exam for a critical care course he was doing at Dunedin Hospital, Mr Roberts left his former patient, in the form of a letter explaining he would not be back.

She discovered he had used her credit card to withdraw $1000 from her account - which was returned within 24 hours. He had also taken all her near-new tramping gear.

The woman complained to the police, who tracked Mr Roberts to Wellington. He initially denied taking the tramping gear, and said he had returned the money. He later found the tramping gear among his belongings and returned it.

He was charged, and granted a discharge without conviction, before leaving New Zealand.

Mr Roberts returned to New Zealand to answer the health tribunal charges.

Although he did not do so initially, Mr Roberts admitted the relationship constituted professional misconduct, but maintained taking and returning the $1000 and tramping gear were domestic matters and not professionally related.

The tribunal agreed these two matters, which had been the subject of further charges, were "unwise acts" that did not constitute professional misconduct.

The tribunal was "not impressed" Mr Roberts had not been truthful with the United Kingdom's Nursing and Midwifery Council about the relationship, and in his evidence to the tribunal.

"It seems to have taken Mr Roberts some significant amount of time to recognise that this behaviour is a breach of his professional obligations as well as his moral obligation."

The suspension only applies to his New Zealand nursing registration. A copy of the tribunal's decision has been provided to the UK Nursing and Midwifery Council.

- eileen.goodwin@odt.co.nz

 

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