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Former medical practitioner reprimanded and disqualified from applying for registration for four years for professional misconduct

27 Nov 2023

A former medical practitioner has been reprimanded, disqualified from applying for registration for four years and ordered to pay $4000 in costs after having an inappropriate personal and sexual relationship with a patient.

Content warning: Some readers may find this article distressing. If you are experiencing distress, please contact Lifeline on 13 11 14 for confidential help. If you are a medical practitioner, please visit the drs4drs website.

In January 2023, the Medical Board of Australia (the Board) referred Dr Raymond Marchesi to the Western Australia State Administrative Tribunal (the tribunal). While employed as a medical officer at Joondalup Health Campus (JHC) in 2008, Dr Marchesi started an intimate personal relationship, which included sexual activity, with a former inpatient of JHC identified as ‘Patient A’.

Patient A had a history of anxiety, depression and panic disorder. She had also been diagnosed with chronic dysthymia, with social anxiety, personality disorder and possible agoraphobia.

Just prior to the start of the long-term personal and sexual relationship, Patient A had asked Dr Marchesi to be her support person, and he had agreed.

Dr Marchesi agreed he had:

  • engaged in an inappropriate sexual relationship with Patient A for around four months in 2008/2009 and once during a weekend in March 2013
  • engaged in an inappropriate personal relationship with Patient A over the course of 13 years
  • breached another person’s confidentiality by disclosing to Patient A that her brother was a patient of the JHC Hospital in the Home Service, and
  • made an inappropriate comment to Patient A in October 2021 when he said words to the effect, ‘I feel bad for you as it means your whole family [are] loo- loo’.

Dr Marchesi admitted to the conduct and the matter was settled by mediation.

All registered medical practitioners are bound at all times to comply with relevant codes and guidelines including Good medical practice: A Code of conduct for doctors in Australia and Sexual boundaries in the doctor-patient relationship. Dr Marchesi agreed that he had breached relevant codes and guidelines by:

  • abusing his professional position to establish an improper personal relationship with Patient A
  • using his professional position to establish a sexual relationship with Patient A, and
  • failing to maintain professional boundaries.

The tribunal was satisfied that proper cause exists for disciplinary action, and ordered that he:

  • be reprimanded
  • be disqualified from applying for registration as a registered health practitioner for a period of four years from 4 August 2023
  • pay $4000 towards the Board's costs.

As Dr Marchesi had surrendered his registration in October 2021 at the time the notification was made there was no need for the tribunal to cancel his registration.

Read the tribunal’s full decision.


 
 
Page reviewed 27/11/2023