Return
File Number: Med15/318D
Practitioner: Stephen Leonard Johns
Hearing Start Date:Hearing End Date:
Hearing Town/City:
Hearing Location:
Charge Characteristics:
Communication inadequate/inappropriate (Established)
Response – inadequate/inappropriate (Established)
Additional Orders:
Name Suppression to Practitioner
Practitioner granted interim suppression of name and identifying features
730Med15318D.pdf
Name Suppression to Complainant and/or Patient and/or client
Patient and family members granted permanent suppression of name and identifying details. Order revoked on application by the patient and family members.
709Med15318D.pdf
Other
Application for adjournment
738Med15318d.pdf
Other Suppression Orders
Colleagues granted interim suppression of name and identifying details
809Med15318Da.pdf
Name Suppression to Practitioner
Practitioner granted permanent name suppression. Overturned on appeal.
850Med15318Da.pdf
Other Suppression Orders
Health Board, work colleagues and character witnesses granted permanent name suppression
850Med15318Da.pdf
Name Suppression to Complainant and/or Patient and/or client
Order lifting permanent name suppression in relation to complainants.
1010Med15318d.pdf
Appeal Order:
Name Suppression to Practitioner
Outcome
The Director of Proceedings appealed the decision of the Tribunal to the High Court granting the practitioner permanent name suppression. The appeal was upheld and the suppression order quashed. Director of Proceedings v Johns CIV-2017-404-002701.
Appeal Decision:
Substantive Decision
Outcome
The practitioner appealed the Tribunal's liability decision (out of time) to the High Court. The High Court dismissed the appeal and upheld the Tribunal's decision on liability. Johns v Director of Proceedings [2017]NZHC 2843.
Precis of Decision: Charge
On 07-11 March 2016 the Health Practitioners Disciplinary Tribunal considered a charge laid by the Director of Proceedings against Dr Stephen Leonard Johns, medical practitioner ( the Doctor).
The charge alleged that the Doctor failed to respond appropriately to an abnormal and aggressively pathological foetal cardiotocograph indicating severe foetal compromise and failed to communicate with the patient and/or the patient's husband.
The Doctor denied the charge of professional misconduct but accepted that he failed to respond in a clinically appropriate manner as the situation unfolded and he failed to communicate effectively with the patient and her husband. The hearing proceeded by way of a defended hearing.
Finding
The Tribunal was satisfied that both charges were made out and professional misconduct had been established in this case that warranted disciplinary sanction.
Penalty
The Tribunal censured the Doctor; imposed a fine of $7,000 and imposed conditions on his practice for a period of 3 years. The Doctor was ordered to pay 30% of the total costs, as a contribution to the costs of theTribunal and the Director of Proceedings. The Tribunal also ordered permanent name suppression of the Doctor's name.
The Doctor appealed the Tribunal's decision on liability to the High Court. The Court dismissed the appeal and upheld the Tribunal's decision on liability Johns v the Director of Proceedings [2017] NZHC 2843.
The Director of Proceedings appealed the decision of the Tribunal to permanently suppress the name of the Doctor. The High Court upheld the appeal and quashed the decision of the Tribunal. Director of Proceedings v Johns CIV-2017-404-002701.
On March 2019, the patient and her husband sought an Order from the Tribunal, revoking the earlier Order permanently suppressing their and their son's name. The Tribunal granted the Order, 1010/Med15/318D.