A female doctor has been struck off for two years for having sex with a mental health patient in Sydney – the second inappropriate relationship of her career.
Dr Maria Bastas, who worked as a general practitioner at a medical centre in Marrickville, was found guilty of unsatisfactory professional conduct and professional misconduct by the NSW Civil and Administrative Tribunal in March, and had her medical registration cancelled on Thursday.
The tribunal imposed a non-review period of two years, although Dr Bastas, who maintains that she never had a sexual relationship with the patient, said she intended to retire in June.
“Dr Bastas knew that the patient was an extremely vulnerable person because of information she had obtained as his doctor,” the tribunal stated.
“The evidence from the patient is that Dr Bastas’ conduct has had a serious impact on him affecting his mental health, causing him ongoing emotional distress and confusion and impairing his ability to move forward.”
The patient, a 50-year-old indigenous man, told the tribunal he was referred to Dr Bastas by a psychologist to be put on a Mental Health Care Plan in 2015, and said they exchanged numbers after she told him she was going through a break-up.
He told the tribunal she texted him to meet her at her favourite Greek café, and bought two coffees which they drank in the back of her car before they kissed and had sex.
The patient testified that they went on to have sex in her consulting room, in cars, in a field at Macquarie University, at her “huge house” where she had an estimated 300 pairs of shoes, and at his home.
The tribunal heard that while having unprotected oral sex and sex in the consulting room bed they “had to be quiet so the doctor nearby did not hear them”.
The patient also told the tribunal Dr Bastas gave him a pair of tight black jeans, Armani cologne and $500, but then started distancing herself from him in 2018, causing him to become depressed and start to drink and smoke.
He later told his psychologist about the relationship, and filed a complaint with the Health Care Complaints Commission (HCCC) in 2022.
The tribunal also heard from a witness who grew up with the patient and said he confided in her about the relationship, but could not tell the women in his immediate family because “in their culture, this is considered men’s business”.
The patient’s psychiatrist and psychologist also gave evidence about being told about the relationship and his mental health at the time.
Dr Bastas denied ever having a sexual or romantic relationship with the patient, but acknowledged “she engaged in an inappropriate close personal relationship with the patient from July 2015 until mid 2017”.
The tribunal noted Dr Bastas was found guilty of professional misconduct and reprimanded in 2006 after being accused of having a sexual relationship with a different patient. She denied the relationship was sexual, but a medical tribunal found at the time it was “far more intimate” than she described.
The tribunal ultimately declined to accept the evidence of Dr Bastas where it conflicted with the patient’s, and said there was doubt about the reliability of the whole of her evidence.
“Dr Bastas says she has reflected on her conduct and says she now understands the issues arising from her conduct. However we accept the submission made by counsel for the HCCC that this must be read in the context of Dr Bastas continuing to deny that she engaged in a sexual relationship with the patient,” the tribunal stated.
“Dr Bastas has provided character references from colleagues. They speak of Dr Bastas’ exceptional character, work ethic, dedication to the medical profession, competence and integrity.
“However, we accept the submission by counsel for the HCCC that the character references provided by Dr Bastas are not to be given significant weight as they pre-date our earlier decision and it is not apparent that the referees were informed of our findings relating to Dr Bastas’ conduct with the patient.
“Cancellation of Dr Bastas’ registration with a non-review period of two years is the appropriate order for the protection of the health and safety of the public.”
Dr Bastas was also ordered to pay the costs of the HCCC.
Header image: Left, right, Dr Bastas (Facebook).
