Bassel Rahman: Miranda Medical Centre GP found guilty of professional misconduct

A south Sydney GP has been found guilty of professional misconduct after he disclosed a patient’s details to a friend and tried to communicate with the woman multiple times after her last consultation.

A Miranda GP has been found guilty of professional misconduct after he called and texted a female patient more than 60 times and breached confidentiality when he disclosed her private information to his friend.

The Health Care Complaints Commission prosecuted allegations against Miranda Medical Centre doctor Bassel Abdul Rahman in the Civil and Administrative Tribunal.

Following four days of hearing in February and April this year, the tribunal found Rahman guilty of unsatisfactory professional conduct and professional misconduct, with the findings published in online judgment on Friday.

The commission alleged the doctor, who began practising at the centre in 2016, inappropriately touched the patient four times on March 14, 17, 24 and 27; and contacted her 61 times between March 27 and 31, 2018.

The commission further alleged Rahman disclosed details about the woman’s health to a friend; he went to her workplace on March 31 for a non-therapeutic purpose, and allegedly failed to provide a mental health care plan despite her repeated requests.

Doctor Bassel Abdul Rahman was previously deregistered by the Health Care Complaints Commission after inappropriately prescribing drugs of addiction to himself, relatives and patients. Pictured outside Sutherland Local Court. Picture: Seven News

The commission submitted the multiple instances of unsatisfactory professional conduct justified his suspension or cancellation of registration.

The doctor denied he hugged the woman, but admitted texting and calling her.

Rahman claimed he went to the woman’s workplace out of concern for her welfare, and denied she asked for a mental health plan.

The patient saw Rahman four times at the practice in March 2018 and reported the allegations to police.

Rahman was acquitted of charges of aggravated indecent assault victim under authority of offender; assault with act of indecency and common assault in the Local Court in 2019.

The tribunal heard during the first three consultations that Rahman allegedly breached proper professional boundaries when he hugged the woman at the start, during and end of the sessions.

But during cross-examination, the tribunal found parts of the woman’s accounts were inaccurate.

“In our view, it would be unsafe to conclude that the practitioner hugged Patient A on any of these three occasions,” the tribunal said.

The woman alleged on March 27 the GP hugged her, kissed her on the cheek and neck, guided and manoeuvred her to sit on his lap, patted her thigh and asked for her mobile number.

The tribunal found there were inconsistencies in the woman’s evidence due to her “very blurry recollection”, and she was “hysterical” and “emotional” during the consultation and found him not guilty of unsatisfactory professional conduct or professional misconduct.

Dr Bassel Rahman was working and is still employed at Miranda Medical Centre. Picture: Google Maps

The commission alleged between about March 27 and 31, 2018, Rahman inappropriately contacted the patient by telephone and by text message from his personal mobile and work phone 61 times, including calling her 26 times in four hours on March 31.

It was further alleged Rahman breached patient confidentiality by disclosing the woman’s health, that she may be suicidal, her name and mobile number to a friend.

Rahman also contacted the woman on March 31 from his friend’s phone and sent a message via his friend’s Facebook Messenger account.

Rahman also went to the woman’s workplace for non-therapeutic purposes.

“We are inclined to accept that the practitioner held genuine concerns as to the safety and welfare of Patient A, after the consultation on 27 March 2018,” the tribunal said.

“He attempted to address those concerns in a most inept and inappropriate manner by the involvement of [his friend].

“His visit to the workplace of Patient A on 31 March 2018 seems likely to have been another ill-judged and poorly thought out attempt to address his concerns.

Rahman pleaded guilty to making the calls and sending the texts but the tribunal found him not guilty of unsatisfactory conduct or professional misconduct in relation to the workplace visit.

The tribunal determined Rahman’s communications and the involvement of his friends constitute “improper and unethical conduct” and a “most serious breach of her privacy and confidentiality”.

“The frequency of telephone calls and text messages to Patient A by the practitioner can be considered to be excessive and oppressive, even when assessed in the context of legitimate concerns for her safety and welfare,” the tribunal said.

“For these reasons, we are comfortably satisfied that these actions by the practitioner warrant a finding that he is guilty of professional misconduct.”

The Commission further alleged Rahman did not organise a mental health plan despite repeated attempts from the woman but the tribunal decided the woman gave contradictory evidence as to her requests and found him not guilty of unsatisfactory professional conduct.

The case was adjourned for a further hearing to decide Rahman’s punishment.