Medical council fines, suspends
psychiatrist for three years over 13-year affair with
patient
Doctor 'took advantage' of
her
'DEEP EMOTIONAL ISSUES'
REPORT: JUDITH TAN
SHE was his patient, and the psychiatrist was treating her for
the trauma she suffered when she was sexually assaulted
But their doctor-patient relationship turned into a
13-year affair.
Dr Douglas Kong Sim Guan (right), 63, was yesterday
suspended for three years from June 24 and fined $10,000 by the
Singapore Medical Council (SMC), the regulatory body overseeing all
doctors here.
The behavioural science consultant in private practice
was also ordered to pay the cost of the proceedings.
The case arose from a complaint by his patient more than
two years ago.
The gist Dr Kong, also known as Sim Heng Guan, had been
in a sexual relationship With her from 1996 to 2009 while he was
still her psychiatrist
He was practising at The Psychiatric & Behavioural
Medicine Clinic (Ang & Kong) at Mount Elizabeth Medical Centre
when he committed the offence.
The woman first consulted Dr Kong, who is married, in
December 1993.
She was believed to have suffered trauma after being
sexually assaulted by her piano teacher.
While Dr Kong fought the charges brought against him at
the disciplinary inquiry, the fact that he had had a sexual
relationship with the patient between 1997 and 2008 was never
denied.
In his defence, he said that he stopped treating the
patient on June 5, 1997, and that their relationship began only
after that when she seduced him.
But the evidence presented to SMC showed that Dr Kong had
been prescribing her medication from Dec 1, 1993, to Dec 24,
2009.
It was shown that he wrote her a medical certificate on
Jan 22, 2007, and was the "admitting doctor" when she was
hospitalised on July 13 that year for anxiety and depression.
Dr Kong said that the times they met for dinner and sex
were "unsuited for psychiatric consultations", alluding to the
non-doctor -patient relationship.
He further contended that a doctor "giving prescription
to spouse, children or family members or close friends would not
create a doctor-patient relationship".
He also said that since a mistress is recognised in many
countries as a" de facto" wife, "providing prescription to one's
mistress cannot constitute a doctor-patient relationship".
While there was no evidence that Dr Kong had discharged
her from his care, he maintained that he was not aware of "any
standard practice by doctors to expressly document that a patient
was discharged" or when a patient becomes an ex-patient.
He also contended that the patient's evidence could not be
believed as she had a "borderline personality" and had been out to
trap and destroy him since January 2007.
The SMC disciplinary committee found that there was proof
beyond reasonable doubt that the doctor-patient relationship
continued until 2009.
It also said that Dr Kong's attempt to liken a mistress
to a wife was misconceived, because theirs had started as a
doctor-patient relationship.
The patient had deep emotional issues when Dr Kong first
met her and "his sexual relationship with her can only be
interpreted as taking advantage of her troubled state and
vulnerability, let alone exacerbating and complicating her marital
problems".
As for his claim that she had seduced him, the committee
said Dr Kong could have stopped her.
'Encouraged her'
Instead, he "encouraged her, directly or indirectly, by visiting
her at her home, taking her to her physiotherapist and accompanying
her to a hotel".
The New Paper's attempts to contact Dr Kong yesterday
were unsuccessful.
He is not the first doctor to be rapped for having sex
with a patient.
In February 2008, a former consultant gynaecologist at
KKWomen's & Children's Hospital was suspended for two years for
having an affair with his married patient
He had tampered with his lover's hospital records, failed
to account for her visits and did not properly document her medical
condition and the results of her medical examinations.
The doctor was also suspended from practice for a year in
2009 at the CRM Fertility Clinic in London.
According to SMC, a doctor's conduct must, "at all times,
be above suspicion".
Under its ethical code and ethical guidelines, a doctor
must not have a sexual relationship with a patient, or be involved
in an adulterous relationship with immediate family menibers of the
patient. (See report on right)
Such a union would disrupt the patient's family life and
damage the relationship of trust between the doctor and his
family.
Doctors whom TNP spoke to said that they always have a
female chaperone in the examination room or leave a connecting door
open when treating female patients.
"If the topic is an intimate one, always make it a point
to have her spouse or partner along," said a family physician in a
Bukit Timah clinic.
The doctor, who declined to be named, said he plasters
his office with pictures of his wife and family.
"Always mention the wife when you sense some 'come-on'
signals from the patients. It's also good if the wife works with
you," he added.
Another, an aesthetic doctor with a practice in town,
said he would always tell patients who hit on him that he is
"attached".
"I will let them down easy and still keep a friendly
demeanour. Otherwise, it would jeopardise the doctor" patient
relationship," he said.
Some physicians said they always do house calls with a
nurse in tow, refer gynaecological issues to "the specialists", and
never touch patients unless necessary
and always ask permission before doing so.
One patient, who wanted to be known only as Fiona, 28,
admitted that temptation once got the better of her.
The secretny, who is being treated for sex addiction,
said: "There were times during the sessions when I wanted to (have
sex with) my psychiatrist.
"During the discussions of my addiction, I always get hot
and bothered."
When asked if she tried, she admitted: "Once, even though
he was much older and nothing much to look at.
"But that quickly stopped when he, like an old uncle,
actually told me off."
Professionals bound by codes of
conduct
Doctors
The Singapore Medical Council's ethical code and ethical
guidelines state explicitly that a doctor must not have a sexual
relationship with a patient.
It states: "This is to preserve the absolute confidence
and trust of a doctor-patient relationship.
"A doctor must also not, as a result of his professional
relationship, enter into an adulterous or any other improper
association with the immediate members of the patient's family.
"Such a relationship would disrupt the patient's family
life and damage the relationship of trust between the doctor and
his family.
"A doctor's conduct must at all times be above
suspicion."
Doctors who engage in sexual relationships with their
patients may be found guilty of professional misconduct under the
Medical Registration Act.
Lawyers
Lawyers, similarly, have the duty to exhibit the highest
standards of professionalism in their relationships with
clients.
Under the Legal Profession Act, a lawyer who has had
personal or sexual relationships with his client may be found
guilty of grossly improper conduct in the discharge of his
professional duty.
If lawyers become too involved in their clients' personal
lives during the existence of the lawyer-client relationship, they
may face a conflict of interest, and the clients' interests may be
seriously prejudiced
Teachers
Those in the teaching profession are expected to live up to
their commitment in the Ministry of Education' s Teachers'
Pledge.
The pledge, which is available on the ministry's website,
states among other things, that teachers "will be exemplary in the
discharge of our duties and responsibilities".
OTHERS WHO HAVE BEEN HAULED
UP
January 2012
A former teacher, 42, was sentenced to eight years' jail for
having sex with his 14-year-old female student.
The two had met in 2006 when the girl joined the school's
club-which the man was then in charge of-in Secondary 1.
June 2011
Another former teacher, then 25, was sentenced to 10 months'
jail for having sex with his 15-year -old female student on two
occasions.
February 2009
A married female teacher, then 32, was jailed 10 months for
having sex with an underage boy.
The boy, then 15, was a former pupil of the primary
school where she taught.
She is the first woman here to be jailed for having
sex with an underage boy.
February 2008
A senior doctor at the KK Women's and Children's Hospital was
suspended
for two years by the Singapore Medical Council for having sex with
his patient.
The fertility expert and father of three, then 43, had
admitted to
acting improperly by having an affair with his patient, who was
also married.
November 2000
A senior lawyer was the first lawyer here to face disciplinacy
action for
having a sexual relationship with his client.
He was suspended for three years.
The relationship began when he was handling his client's
divorce proceedings.
News, The New Paper, Thursday, July 26 2012, pg 2-3
