Doctor engaged in professional misconduct by accessing female colleague’s health record 14 times, tribunal findsEBy Elizabeth ByrneTopic:Courts2h ago2 hours agoMon 12 May 2025 at 2:21amThe tribunal said a complaint was made by Dr James McClymont's colleague, who said she had been subjected to threatening and intimidating behaviour.
(ABC News: Nick Haggarty)In Short:A Canberra doctor has been found to have engaged in professional misconduct.The doctor admitted to accessing a female colleague's medical records 14 times.What's next:Dr James McClymont will be allowed to return to work under strict conditions including compulsory mentoring.abc.net.au/news/canberra-doctor-professional-misconduct-accessed-medical-records/105281540Link copiedShareShare articleA former Canberra doctor who accessed a female colleague's medical records has been found to have engaged in professional misconduct by the ACT Civil and Administrative Tribunal.The Medical Board of Australia initially suspended Dr James McClymont when the breach was discovered in 2022 after a complaint from the doctor, who said she had been subjected to threatening and intimidating behaviour.That prompted an audit of the computer system which eventually found Dr McClymont had accessed her records 14 times over a short period of time.The tribunal's report notes that in the first instance Dr McClymont denied accessing the medical records saying it could have been another colleague using his login.Messages, harassment and vandalismThe findings said the pair had started working at a Canberra hospital as junior doctors together and were in the same friendship group.The tribunal said when Dr McClymont asked the woman if they could have coffee together, she said they could but only as friends.He messaged back: "If friends is all you want I can reluctantly agree hahah".Some time later he sent another message."I'm pretty attracted to you and haven't connected so well with someone in a long time so that's new for me hahah," Dr McClymont said in messages."Cool with your position though just wanted to be clear [smiley face emoji]" and "no rush but can you tell me how you see me? Like honestly?" The tribunal said the woman told him she was uncomfortable and it would be best if they didn't hang out any more.During the hearing it was revealed that in her complaint which led to the audit, she said Dr McClymont had slammed the desk and chairs, parked his car close to hers, and threw her folder in the bin.She had also complained that in November 2022 her car mirror had been vandalised, and that there had been a post by Dr McClymont holding a car mirror.The tribunal noted that the doctor who made the complaint had not cooperated with a later investigation, nor had she repeated the allegations, citing fear of the consequences and the risk of costs from any legal action.The tribunal queried why the medical board had included it in the case."[In] the circumstance that allegations were made by an unidentified person in a notification is highly prejudicial to Dr McClymont and of low probative value," the tribunal findings said.The findings said no weight had been attached to the material.'I erred badly': doctorIn the end Dr McClymont admitted accessing the records 14 times without a proper purpose and then lying about it, saying there was no justification."I apologise for my misconduct," Dr McClymont said."This was an immature way to protect myself from my own judgement, and undoubtedly that from outside. I realise that in a profession like medicine honesty is essential and I failed both myself and the profession by making a false denial."I have been reflecting on this over the last two years and realise that I erred badly."The tribunal found it was a serious example of professional misconduct.Dr McClymont was suspended in February 2023 when the allegations came to light.But the tribunal said no further suspension is required, noting "the earlier suspension of Dr McClymont's registration by the board, for 14 months, provided a form of specific deterrence to Dr McClymont"."Suspending his registration again is not necessary to protect the public, in circumstances where he has demonstrated remorse and insight," it said.But Dr McClymont will be allowed to return to work under strict conditions including being mentored by another registered health professional for several months, with that person to report back to the medical board, to show he has reflected on the issues that gave rise to the condition and incorporated the lessons learnt.In May, Dr McClymont was formally charged with stalking in relation to the incidents. That matter remains before the courts.Posted 2h ago2 hours agoMon 12 May 2025 at 2:21am, updated 1h ago1 hours agoMon 12 May 2025 at 3:03amShare optionsCopy linkFacebookX (formerly Twitter)Top StoriesMichelle Rowland to become attorney-general as PM unveils new cabinetLIVEOne child is slapped, another vomits metal hooks: Inside an Australian childcare giantTopic:Child CarePhoto shows A still from a Snapchat video shows a baby on a bouncer crying.The 9,000-product catch behind Bunnings's biggest price guaranteeTopic:Retail IndustryPhoto shows A person in a Bunnings apron stands in a Bunnings aisle.Is Chalmers prepared to follow Keating into the 'slaying' business?AAnalysis by Alan KohlerPhoto shows Jim Chalmers walks into QT smiling.Australian bomb disposal worker killed in UkraineTopic:Unrest, Conflict and WarPhoto shows ukrainelandminesPopular nowPM unveils reshuffled Labor ministryLIVEAustralian bomb disposal worker killed in UkraineTopic:Unrest, Conflict and WarPhoto shows ukrainelandminesOne child is slapped, another vomits metal hooks: Inside an Australian childcare giantTopic:Child CarePhoto shows A still from a Snapchat video shows a baby on a bouncer crying.Related topicsACTCanberraCourtsDoctors and Medical ProfessionalsTop StoriesMichelle Rowland to become attorney-general as PM unveils new cabinetTopic:Government and PoliticsOne child is slapped, another vomits metal hooks: Inside an Australian childcare giantTopic:Child CareThe 9,000-product catch behind Bunnings's biggest price guaranteeTopic:Retail IndustryIs Chalmers prepared to follow Keating into the 'slaying' business?AAnalysis by Alan KohlerAustralian bomb disposal worker killed in UkraineTopic:Unrest, Conflict and WarJust InVictoria denies it has delayed meeting its Gonski school funding targetsTopic:Education4m ago4 minutes agoMon 12 May 2025 at 4:19amGambling giant opposes Hobart stadium it says will 'dominate the landscape'Topic:Urban Development and Planning23m ago23 minutes agoMon 12 May 2025 at 4:00amAustralian bomb disposal worker killed in UkraineTopic:Unrest, Conflict and War48m ago48 minutes agoMon 12 May 2025 at 3:34amMcCrae homeowners tell landslide inquiry of daughter's escapeTopic:Landslides59m ago59 minutes agoMon 12 May 2025 at 3:23amMore Just InBack to top