July 15, 2010

No convictions for doctor on assault charges

A highly regarded doctor who ended up in psychiatric care has been discharged without conviction after admitting assaults on five nurses.

Claire Patricia Heppenstall had come to Christchurch from Britain where she gained her medical qualification at the University of Newcastle.

She is a member of the Royal College of Surgeons in Britain and Australia.

The 35-year-old was carrying out a research project at Princess Margaret Hospital in Christchurch when it is understood she was hit by a major depressive illness after the death of her mother.

Christchurch District Court Judge Stephen Erber today considered the request for a discharge without conviction made by defence counsel Neville Higgison under section 106 of the Crimes Act.

He considered it on the basis that “the effects of the conviction would be out of all proportion to the criminality involved”.

The judge said Dr Heppenstall’s work was highly regarded but things had got on top of her and she had been hospitalised.

“Her condition brought about outbursts of highly uncharacteristic violence,” he said. The five nurses had been bruised but had no other injuries and the assaults had come “out of the blue” when they thought they were trying to help the patient.

Because she was an inpatient at a psychiatric hospital at the time of the assaults, he believed it would be utterly disproportionate to the criminality involved for Dr Heppenstall to be unable to practise medicine.

The case may still be considered by the Medical Council, which said in a letter that her work was likely to be monitored when she resumed.

“There seems to have been an increase in this sort of assault in hospitals or similar institutions, which is why this matter has been brought to court,” said Judge Erber.