Hurstville GP Dr Tsz ‘John’ Lui found guilty of misconduct after three woman complain

Three women complained that the Hurstville doctor had touched them inappropriately during their examinations, with allegations dating back to 1997.

A Hurstville doctor has been found guilty of professional misconduct after three women levelled allegations of inappropriate behaviour during their medical examinations.

The Health Care Complaints Commission prosecuted general practitioner Dr Tsz Lui, also known as John Lui, before the NSW Civil and Administrative Tribunal.

Last week, the tribunal found the allegations proved and amounted to professional misconduct and unsatisfactory professional conduct following a hearing in February.

When examining Patient A in 1997, and patients B and C in 2018 at his rooms in Hurstville, Dr Lui failed to afford Patient A adequate privacy when undressing; examined the patients in a way that resulted in inappropriate close body contact and was reckless as to the risk that they could consider his examinations to be sexually motivated.

He also failed to explain to the women the purpose for this method of examination and in doing so failed to obtain consent. He failed to perform a vaginal examination and swab of Patient B because he was worried about medico-legal risk and failed to maintain adequate records for Patients B and C.

The Health Care Complaints Commission prosecuted a complaint against general practitioner Dr Tsz Lui, known as Dr John Lui, before the NSW Civil and Administrative Tribunal. He owns Wales Medical Centre in Hurstville. Picture: Google Maps

The tribunal will determine protective orders and punishment following a further hearing, in which the HCCC will ask protective orders to be imposed which may include the cancellation or suspension of Dr Lui’s registration as a medical practitioner.

During the hearing, Dr Lui admitted to the allegations levelled against him in relation to his “examination technique” and record keeping, but denied touching the women was for sexually gratification.

Dr Lui was educated at the University of NSW and became a registered medical practitioner in 1991, a judgment published last week said.

From 1997 to 2000 he worked at the Sydney Skin Cancer Clinic and thereafter he established his own practice, the Wales Medical Centre in Hurstville, where he maintained a special interest in skin cancer.

The tribunal found Dr Lui engaged in conduct that demonstrated his knowledge, skill, judgment or care was “significantly below the standard”; and engaged in improper or unethical conduct related to the practice of medicine in relation to three complaints.

The tribunal heard from Patient A, who was aged 21 at the time when she attended the Sydney Skin Cancer Clinic on May 8, 1997 for a consultation for moles on her skin.

She said she was not provided a screened off area while she undressed, was not given a gown nor sheet and was examined while standing rather than lying down so as to avoid body contact with the doctor.

“I was then asked to stand up and he began to examine for moles on my back, while doing this I felt the doctor’s groin pressing on my buttocks, which he held there for at least 10 to 15 seconds,” she said in oral evidence.

“I felt very uncomfortable so I moved my pelvis forward so that I couldn’t feel his groin touching me anymore.”

Dr Tsz Lui was a GP who specialised in skin checks. Generic picture: File image

Dr Lui again inappropriately brought his groin area, including his penis, into contact with Patient A’s buttocks and held that position for about five to six seconds.

He failed to explain to Patient A the method and purpose of the examination prior to performing the examination and, in doing so, failed to obtain appropriate consent.

The next day the woman made a complaint to NSW Police and a statement was prepared for the Health Care Complaints Commission.

During her evidence in February, now aged 46, she said, “I could feel his penis was erect. I wondered what the hell was going on.

“I still recall in detail to this day the events that occurred and think about it often even now. It has taken me many years to trust a male doctor again,” she said.

Dr Lui said, in his evidence, it was “necessary” for him to be very close to the patient but “I deny pressing my groin on her buttocks. I did not touch (Patient A) in any inappropriate manner during the course of the entire consultation”.

He said it was his practice to “look away and complete my records while the patient is changing”.

The tribunal could not be satisfied Dr Lui conducted the examinations for “his own sexual gratification”.

“We accept Patient A considered she had been sexually abused/assaulted by the respondent (Dr Lui) during her consultation with him,” the tribunal said.

“We are not satisfied the respondent did have an erect penis at the time he made contact between his groin area and Patient A’s buttock.

“We accept the legacy of the consultation Patient A undertook with the respondent has had a long lasting impact on her life.”

Three women made allegations against Dr John Lui. Generic picture: File image

The second complaint occurred on August 16, 2018 when Patient B, aged 27, consulted Dr Lui at the Wales Medical Centre for abdominal pain.

The tribunal found the GP inappropriately exposed and felt Patient B’s right lower breast during an abdominal examination, which was “gratuitous” and did not have an appropriate clinical basis.

During the consultation, while standing directly behind Patient B and examining her abdomen and groin area, the practitioner inappropriately brought his groin area, including his penis, into contact with Patient B’s buttocks and held that position for about 10 seconds, the woman alleged. He failed to explain the examination and did not obtain consent.

“While he was writing his report I remember seeing that he had an erection and he tried to cover it. He moved his right leg over his left leg,” the woman told the tribunal.

He also failed to perform a vaginal examination and take vaginal swabs of Patient B despite him being concerned about polycystic ovaries because he had a perceived general fear of medico-legal risk from such an examination.

The patient complained to her regular GP at the same clinic who helped her fill out a complaint form.

The woman said she said “major psychological or emotional harm”.

Dr Lui said he examined the patient “with my usual practice and as clinically indicated”.

“At no time during the examination did I touch either of Patient B’s breasts. I also deny Patient B’s allegation that my body was up against her buttocks.”

The tribunal was satisfied Dr Lui’s body came into contact with the patient’s buttocks during the standing examination of her abdomen.

“We are satisfied that such contact was disturbing, confronting and distressing to Patient B,” the tribunal said.

“We are satisfied that the respondent’s groin and genital area did come into contact with Patient B’s buttocks during the examination he conducted of her. We are not satisfied the HCCC has established the respondent engaged in the manner of examination for his own sexual gratification.”

Another woman, a third patient aged 28, consulted with Dr Lui at the centre on September 8, 2018 complaining of abdominal pain and returned to see him again two days later for her results and back pain.

The tribunal found Dr Lui performed an inadequate examination of Patient C’s abdomen and back.

“During the consultation on 10 September 2018, while standing directly behind Patient C and examining her abdomen and groin area, the practitioner inappropriately brought his groin area into contact with Patient B’s buttocks and held that position,” the tribunal said, adding he failed to seek consent for the examination.

The tribunal found his technique of examining the patient’s abdomen from behind was an “ineffective method” and “not evidence based”, and involved “gratuitous physical contact”.

“I felt sexually harassed by him because his body was touching my buttocks. I told him I have no pain during the examination but he persisted with the examination...I was afraid and just want to leave as soon as possible.” the patient said in a complaint.

“To the best of my recollection I examined (Patient C) in accordance with my usual practice and as clinically indicated, Dr Lui said in response during the hearing.

“At no time during the examination was my body up against her buttocks, however my clothing may have come into contact with the patient’s body during the course of the examination.

“I am now more conscious of the sensitive nature of physical examinations and my proximity to patients during examinations.

“I have taken this complaint very seriously and intend to engage in observation and review of my examination technique by a senior colleague.”

They again found the examination was not for his own “sexual gratification”.

“All of the complainants are young women. All of the complainants were very disturbed/distressed by the method used by the respondent to examine their bodies,” the tribunal said.

“Each clearly reached a conclusion that the respondent was indulging himself in a sexual activity.

“None received any adequate explanation as to what was to be involved in the examination and why it was necessary during part of the examination for the respondent to stand in a position where his groin was in contact with the buttock area of the patient.”