25 Mar 2024

GP opened boy's sarong in front of family without consent - report

7:09 pm on 25 March 2024
Counties Manukau DHB is now playing catch-up after deferring non-critical surgery and appointments to help manage workforce and hospital capacity during Omicron.

Although the surgery was consented, the GP should have gained explicit consent for each follow-up examination. (File photo) Photo: Supplied / LDR

The health watchdog has criticised a general practitioner for his care of a teenager who underwent a circumcision procedure for cultural reasons.

In the aftermath of the surgery in 2020, the GP opened the then 15-year-old's sarong and examined his genitals to check for postoperative bleeding without asking for consent.

In a report released on Monday, the deputy health and disability commissioner Dr Vanessa Caldwell said given the teenager's vulnerability as a young person, the intimate nature of the post-operative examination and the presence of the teenager's whānau in the room at the time, the GP's actions were "unacceptable".

Although the teenager had consented to undergo circumcision surgery, that did not mean the GP could continue further physical examinations without explicitly gaining consent for each follow-up examination, Caldwell said.

"The teenager had the right to be informed about the GP's intention to examine his post-operative site, and the reasons for that examination, and he had the right to give or withhold his consent and indeed to request this examination occur more privately," she said.

"Consenting is an ongoing process and care must be taken to protect the privacy and dignity of consumers."

Caldwell found the GP breached the consumer rights code under Right 6, which gives consumers the right to information, and Right 7, which gives consumers the right to make a choice and give consent.

Caldwell's recommendations included that the GP provide a formal written apology to the teenager and his whānau and that he complete the health and disability commissioner's online module on informed consent.

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