Transplant surgeon banned for relationship with kidney recipient

Transplantation

By Geir O'Rourke

16 Apr 2024

A transplant surgeon has been disqualified for at least two years after forming a sexual relationship with a kidney recipient, who later died by suicide.

The verdict draws a line under a tragic saga that underscores the necessity of professional boundaries in medicine, the Queensland Civil and Administrative Tribunal ruled.

In his decision, QCAT member John Robertson ruled that Dr Andrej Grajn “indicated a clear sexual interest” in the patient, referred to as HBM, “almost immediately after” he assisted in her renal transplant at Brisbane’s Princess Alexandra Hospital.

Evidence tendered to the tribunal suggested the inappropriate behaviour began with Dr Grajn holding the woman’s hand when she woke up from the February 2016 surgery.

At this point, the transplant surgical fellow “immediately started to tell her romantic things, such as how he was the only person who had their hands on her organs and that nobody knew her like she did,” it heard.

The personal and sexual relationship moved quickly, with the pair holidaying in Europe as well as interstate together within a few months of the procedure.

However, it culminated in the patient’s on 12 October 2017, in the “most horrific of circumstances” Mr Robertson said in his decision (link here).

“It is clear that on the evidence, the tragic death of this very capable and much-loved woman was as a result of severe mental distress in the last months of her life,” he said.

“It is clear that this distress was in some way connected with her relationship with the respondent [Dr Grajn].”

“While HBM was not a typically vulnerable person (the woman was a professionally accomplished woman who held senior roles in Queensland’s public service),” the decision stated.

“The significance of the surgery in improving HBM’s quality of life denoted an inherent vulnerability of HBM and resultant power imbalance between herself and the respondent,” Mr Robertson concluded.

“The tribunal is satisfied that an inappropriate relationship was initiated by [Dr Grajn] while HBM was still recovering from the surgery in hospital.”

Dr Grajn, who left Australia in February 2017 and was registered in the UK at the time of the hearing, admitted to forming a “friendship” with the woman after the surgery.

However, he denied he acted inappropriately or was guilty of misconduct, claiming his friendship was “as two private adult consenting individuals”, and disputed the Medical Board of Australia’s right to take disciplinary action against him.

In finding the Board’s allegation proven, the tribunal was satisfied that Dr Grajn’s breach of professional boundaries was both substantially below the standard expected of a registered health practitioner and is conduct that is inconsistent with being a fit and proper person to hold registration.

In making this finding, the tribunal accepted the Board’s submission that: “The effect the relationship had on HBM’s mental state and [her] tragic death are testament to why professional boundaries between medical practitioners and patients must be maintained.”


Mental health support for doctors

If you feel distressed and need immediate support you can call Lifeline 13 11 14, or the Suicide Call Back Service 1300 659 467

There are also free, confidential doctor-to-doctor telephone services available across Australia.

ACT 1300 374 377

NSW 02 9437 6552

NT 08 8366 0250

Qld 07 3833 4352

SA 08 8366 0250

Tas 1800 991 997

Vic 03 9280 8712

WA 08 9321 3098

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