By Louisa Cleave, Sunday Producer
A Kiwi doctor who sexually assaulted multiple patients in Australia said he’d never faced a complaint before his arrest.
But Dr Sharif Fattah, 63, had been the subject of three complaints in New Zealand before he moved to Australia and offended against his patients between September 2016 and March 2017.
He was found guilty by a Sydney Court in May this year on counts of sexual intercourse without consent and indecent assault involving 10 female patients.
Following his arrest in Australia questions were asked about previous charges he had faced.
TVNZ has obtained a copy of the Judge’s sentencing notes which reveal Dr Fattah told the court-appointed psychologist that he had ‘’never been the subject of a complaint’’.
But following an investigation by TVNZ’s Sunday programme, it was revealed Dr Fattah had faced three complaints in New Zealand: one which led to him being reminded of his workplace chaperoning policy when examining female patients, one which was investigated but not upheld, and a third that was upheld.
Health and Disability Commissioner Anthony Hill said he was ‘’extremely concerned’’ about the behaviour of Dr Fattah.
His office found he’d breached a patient’s rights during an intimate examination. The HDC found that it was more likely than not that Dr Fattah touched the patient’s genitals and inserted his finger or fingers inside her during an abdominal examination. Dr Fattah denied there had been any internal examination.
The HDC laid a charge of professional misconduct which was then investigated by the Health Practitioners Disciplinary Tribunal, but it was not upheld due to insufficient evidence. The Tribunal noted it was ‘’not a case necessarily of saying that the doctor’s version was preferred over that of the patient’’.
It recommended Dr Fattah take advice and courses to improve his communication with patients. Conditions were placed on Dr Fattah while the investigation was carried out, but these were lifted in December 2014.
He gained registration to work in Australia a year later.
The NZ Medical Council said Dr Fattah would have had to make certain disclosures about his disciplinary history when applying to work in Australia, but it is unclear whether he did.
The agency that registers doctors to work in Australia would not say if Dr Fattah voluntarily revealed his disciplinary history, telling TVNZ that as part of their standard checking process, it relied on information from the NZ Medical Council when approving Dr Fattah’s registration in December 2015.
The NZ Medical Council said it did not disclose the previous complaints against Dr Fattah because they were not outstanding at the time he applied to work in Australia. The Council has since changed its practices so it would give an overseas agency information about any disciplinary action in the previous seven years.
The New Zealand Medical Council has advised former patients of Dr Fattah who have any concerns to contact Police or the Health and Disability Commissioner.
* If you have further information relating to Dr Fattah, please email Louisa Cleave
SHARE ME