A PATIENT complaining of chest pains ended up having the doctor physically examine his genitalia without permission and inquire about his sexual orientation.
He was not the only patient who complained about an improper examination and inappropriate questions by general practitioner Dr Michiel Eksteen, 67, who has run a private practice near the Mbombela CBD in Mpumalanga for almost 40 years.
Another patient, who complained of pain in the right pelvic region, also had his genitalia physically examined.
"I admit that during the examination, I had an inappropriate conversation with the patient regarding his sexual orientation, practices and preferences," Eksteen said, referring to both patients in his plea explanation to the Health Professionals Council of SA (HPCSA) professional conduct committee.
He said the inquiries were "in view of the fact that sexual activity can have a bearing on a patient's health, with reference to sexually transmitted disease such as Aids and hepatitis B".
Eksteen faced two counts of unprofessional conduct, which were merged into one charge.
The complainants' representative Ernie Janzen said the two counts were a violation of the patients' right to dignity.
"Don't overemphasise the severity of the offence," Advocate Salie Joubert of the Pretoria bar, representing Eksteen, said at the HPCSA hearing yesterday.
He said although the charges brought against the doctor were serious, they were not a constitutional right violation.
"It is an offence, but there was no abuse of the patient."
Joubert said it would be in the interest of the community to allow Eksteen to continue to practise, arguing that he was a first-time offender who had been practising for many years.
The views of "what transpired in the conversation differed vastly", Joubert said, referring to Eksteen's questions about sexual orientation, saying they were the kind of "vulgar conversation that men sometimes had".
Eksteen said in his plea explanation he accepted that in both cases the physical examinations of the genitals made the patients uncomfortable, considering he did not "explain to the patient the reason" for the detailed examinations which his lawyer said would not have been inappropriate had permission been obtained.
Among the factors considered by the HPCSA was that Eksteen was a first-time offender and that there were no advances made to the patients or stimulation of the genitalia.
He was suspended from practis ing for three years but the operation thereof was suspended for three years on condition that he not be found guilty of committing a similar offence.
ndabezithat@timesmedia.co.za
For more stories like this one, be sure to buy the Sowetan newspaper from Mondays to Fridays
Doctor guilty over genitals - GP examined patients without permission
A PATIENT complaining of chest pains ended up having the doctor physically examine his genitalia without permission and inquire about his sexual orientation.
He was not the only patient who complained about an improper examination and inappropriate questions by general practitioner Dr Michiel Eksteen, 67, who has run a private practice near the Mbombela CBD in Mpumalanga for almost 40 years.
Another patient, who complained of pain in the right pelvic region, also had his genitalia physically examined.
"I admit that during the examination, I had an inappropriate conversation with the patient regarding his sexual orientation, practices and preferences," Eksteen said, referring to both patients in his plea explanation to the Health Professionals Council of SA (HPCSA) professional conduct committee.
He said the inquiries were "in view of the fact that sexual activity can have a bearing on a patient's health, with reference to sexually transmitted disease such as Aids and hepatitis B".
Eksteen faced two counts of unprofessional conduct, which were merged into one charge.
The complainants' representative Ernie Janzen said the two counts were a violation of the patients' right to dignity.
"Don't overemphasise the severity of the offence," Advocate Salie Joubert of the Pretoria bar, representing Eksteen, said at the HPCSA hearing yesterday.
He said although the charges brought against the doctor were serious, they were not a constitutional right violation.
"It is an offence, but there was no abuse of the patient."
Joubert said it would be in the interest of the community to allow Eksteen to continue to practise, arguing that he was a first-time offender who had been practising for many years.
The views of "what transpired in the conversation differed vastly", Joubert said, referring to Eksteen's questions about sexual orientation, saying they were the kind of "vulgar conversation that men sometimes had".
Eksteen said in his plea explanation he accepted that in both cases the physical examinations of the genitals made the patients uncomfortable, considering he did not "explain to the patient the reason" for the detailed examinations which his lawyer said would not have been inappropriate had permission been obtained.
Among the factors considered by the HPCSA was that Eksteen was a first-time offender and that there were no advances made to the patients or stimulation of the genitalia.
He was suspended from practis ing for three years but the operation thereof was suspended for three years on condition that he not be found guilty of committing a similar offence.
ndabezithat@timesmedia.co.za
For more stories like this one, be sure to buy the Sowetan newspaper from Mondays to Fridays
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