MBOMBELA – A local doctor, who has been practising in the city for 39 years, has admitted guilt on two charges of unprofessional conduct by performing inappropriate clinical examinations on two homosexual male patients in 2012 and 2013.
The Health Professions Council of South Africa (HPCSA) has consequently suspended Dr Michiel Eksteen from practising as a medical physician for a year, of which the operation has been suspended for three years, on condition that he is not found guilty of a similar offence during this time. Both complainants had laid charges with the HPCSA and their identity is being withheld.
Eksteen is a panel doctor for Discovery Key Care Plus and saw the first complainant (then 22) on April 4, 2012. The latter complained of chest pain and told Eksteen that he had experienced the same pain the previous year. In Eksteen’s plea, he explained that it was his protocol with a first consultation to do a comprehensive evaluation of a patient.
“My examination of a patient is therefore not necessarily limited to the anatomical region concerning the complaint,” Eksteen said. “All the patients are examined comprehensively to obtain an impression about their health and to ensure that no other pathology unrelated to the complaint, is missed.”
Eksteen proceeded to examine the patient’s private parts physically. Once he had completed this part of the examination, he enquired about the patient’s sexual orientation, practices and sexual preferences. “This is in view of the fact that sexual activity can have a bearing on a patient’s health, with reference to sexually transmitted diseases such as Aids and Hepatitis B,” Eksteen explained.
The complainant told Lowvelder that he was homosexual. Eksteen admitted that he didn’t explain to the patient the reasons for his detailed examination and that he (the complainant) had reason to feel uncomfortable. “In addition, I admit that during the examination, I had an inappropriate conversation with the patient regarding his sexual orientation, practices and preferences. The examination and discussion were therefore not reasonable in the circumstances.”
The second patient who had registered a complaint against Eksteen who was 26 years old at the time, consulted him on August 12, 2013. He too is homosexual. He complained of pain in his abdominal area and Eksteen admitted to having examined his private parts. “During examination of the patient and without conveying reasons to him, I enquired about his sexual orientation, practices and preferences.” The patient’s pain persisted and he again visited Eksteen on August 16. Again Eksteen examined his private parts, without informing him that it was in view of his original complaints.
The patient consulted Dr Eksteen a third time on September 19 that year during which his private parts were again examined.
“In retrospect and realising that I failed to explain to the patient the reason for performing the detailed physical examination (although it was indicated), I acknowledge and accept that it was not reasonable in the circumstances to have conducted such a detailed examination and questioning, and that the patient had reason to feel uncomfortable during the examination.
“In addition, I admit that during the examination, I had an inappropriate conversation with the patient regarding his sexual orientation, practices and preferences.”
The first complainant told Lowvelder that the HPCSA has acted justly, but that he was of the opinion that Eksteen shouldn’t be allowed to practice medicine any longer. “If there are other men to whom he has done this, they must come forward and lay a complaint at the HPCSA as it is a serious matter.” According to Eksteen’s plea, he takes pride in his profession as a medical practitioner and has been in private practice in Mbombela since 1975.
“As an experienced general medical practitioner, I perform comprehensive examinations on patients: this is confirmed by the fact that I see a maximum of 10 to 12 patients per day.” Lowvelder approached Eksteen for comment, but he declined.
