Osteopath Dr Samuel Thompson slammed by VCAT tribunal over sex with patient

An osteopath who provided free treatments to a co-worker he slept with has learnt his fate after being slammed by a VCAT tribunal.

A VCAT tribunal has slammed a former osteopath for crossing professional boundaries.

A former osteopath has been slammed by a tribunal for crossing professional boundaries after giving a co-worker he had slept with free treatments.

VCAT reprimanded Dr Samuel Thompson late last month after finding he was in a sexual relationship with a patient, who was also his co-worker, from November 2018 to February 2019, and failed to maintain appropriate clinical records.

The tribunal heard the pair slept together once – at Dr Thompson’s family’s holiday home – but found their “flirtatious” friendship and text messages met the bar for a sexual relationship over several months under health practitioner guidelines.

The tribunal found Dr Thompson, then 26, provided at least five treatments – booked in under the clinic’s systems – during this time for Patient XX, who worked as a receptionist at the Victorian practice and cannot be identified.

There was no evidence he charged Patient XX for the “short, non-invasive” treatments, with Dr Thompson arguing “ad hoc, informal and complimentary” treatments for staff were common.

Tribunal documents state the pair were initially friends and went to the gym, had lunch and coffee together, before beginning a “sexual relationship” in late 2018.

Relationships between health professionals and their patients are governed by strict guidelines, but Patient XX defended Dr Thompson and said the investigation was “totally unwarranted” and they supported him.

“My relationship with (Dr Thompson) was brief and I consented to it entirely,” she said.

“There was no manipulation of his ‘authority’ as a healthcare practitioner, and that a relationship simply developed between the two us (sic) like is (sic) does to many co-workers.”

But the Osteopathy Board of Australia argued his conduct was “objectively serious” as he breached “the code of conduct and the Sexual and Professional Boundaries Guidelines” and failed to realise he had done so until informed by others.

They said personal relationships with patients pose a risk to them and his acceptance of Patient XX’s request to ignore their medical file meant he was unaware of history relevant to the treatment he provided.

The tribunal agreed with the board’s submissions and said – while Dr Thompson “did not exploit the power balance in the doctor patient relationship” – he had breached guidelines and his behaviour had “the potential to compromise care”.

“He put his friendship before his professional obligations,” they said.

They ruled he engaged in professional misconduct, dismissing Dr Thompson’s argument for the lesser finding of “unprofessional conduct”, and reprimanded him.

Dr Thompson has been unable to work as an osteopath since – after letting his registration lapse in late 2020 – his application for renewal in 2021 was denied amid the misconduct investigation.

The tribunal acknowledged he had suffered from Covid-related delays in the case and said he expressed some insight in his written submissions.

But they also noted some comments made by him at the hearing suggested a “lack of remorse” and understanding as to the conduct’s seriousness.

Originally published as Osteopath Dr Samuel Thompson slammed by VCAT tribunal over sex with patient