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Medical Practitioner, Dr E New Zealand Men's Clinic - Health and ...

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<strong>Health</strong> <strong>and</strong> Disability Commissioner<br />

Mr D<br />

Mr D also sought treatment from the <strong>Clinic</strong> for erectile dysfunction. He described <strong>Dr</strong><br />

E’s assessment as very superficial, <strong>and</strong> the documentary evidence supports this view.<br />

Again, no clinical examination was performed, <strong>and</strong> no clinical observations recorded.<br />

Both should have occurred given Mr D’s age (68). <strong>Dr</strong> Tiller noted that one of the<br />

medications that Mr D was taking has an adverse effect of impotence, yet there<br />

appears to have been no assessment by <strong>Dr</strong> E of this possible cause.<br />

<strong>Dr</strong> E initially stated that he “could not now recall exactly what was said during his<br />

discussion with [Mr D]”. However, <strong>Dr</strong> E later advised that “the use of [Mr D’s] Hytrin<br />

was discussed <strong>and</strong> there was no temporal relationship with the use of Hytrin <strong>and</strong> his<br />

erectile dysfunction”. There is no record of any such discussion, which Mr D does not<br />

recall.<br />

<strong>Dr</strong> E’s expert, <strong>Dr</strong> Wright, suggested that Mr D’s consultation is “what would be<br />

expected from the average GP when a patient requests Viagra”. In his view it “is<br />

simply not practical to alter medications for other conditions in an attempt to alleviate<br />

erectile difficulty”.<br />

In weighing the views of <strong>Dr</strong>s Tiller <strong>and</strong> Wright, I am mindful of their different<br />

backgrounds. <strong>Dr</strong> Tiller is an experienced general practitioner with over 28 years’<br />

experience in a variety of settings. He is a Fellow of the Royal <strong>New</strong> <strong>Zeal<strong>and</strong></strong> College<br />

of General <strong>Practitioner</strong>s, which supported his appointment as clinical advisor to HDC.<br />

Through his work with HDC, he is very familiar with the application of the <strong>New</strong><br />

<strong>Zeal<strong>and</strong></strong> Code of Rights in a practical setting. <strong>Dr</strong> Wright is also experienced, having<br />

worked for seven years in the men’s health area prior to taking up his current<br />

anaesthetics role. However, he is not familiar with the Code <strong>and</strong> the specific<br />

requirements that arise in <strong>New</strong> <strong>Zeal<strong>and</strong></strong> practice.<br />

As noted above, Right 6 of the Code requires a patient-centred approach to<br />

consultations so that the patient receives appropriate information about his condition<br />

<strong>and</strong> the factors that could be contributing to it. The possibility that impotence may be<br />

caused by a patient’s current medications is obviously information that should be<br />

disclosed by a health professional assessing a patient’s erectile dysfunction.<br />

There is also conflict over whether Mr D was made aware of the potential cost of<br />

treatment. I endorse the view of <strong>Dr</strong> Tiller that “where a doctor is aware that a<br />

recommended course of treatment will be expensive, that some information in that<br />

regard should be provided by the prescribing doctor”. <strong>Dr</strong> E stated that Mr D was<br />

advised of the cost, yet there is no documentary evidence to support his view. In<br />

contrast, Mr D stated that he was surprised to find out the cost when he was leaving,<br />

<strong>and</strong> felt pressured to pay at the time. Given Mr D’s description of a consultation that<br />

was “relatively quick”, <strong>and</strong> with no contrary documentary evidence, I find his account<br />

credible.<br />

18 December 2008 18<br />

Names have been removed (except the NZ Men’s <strong>Clinic</strong>) to protect privacy. Identifying letters are<br />

assigned in alphabetical order <strong>and</strong> bear no relationship to the person’s actual name.

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