Charge Detail Summary

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File Number: Med15/318D
Practitioner: Stephen Leonard Johns


Hearing Start Date:

Hearing End Date:

07/03/2016

07/03/2016


Hearing Town/City: Auckland

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.


Decision:

Substantive Decision 809Med15318Da.pdf


Penalty Decision

The Doctor has appealed the Tribunal's decision to the High Court
850Med15318Da.pdf


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.