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David M. Studdert - One of the best experts on this subject based on the ideXlab platform.
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Removal of doctors from practice for Professional Misconduct in Australia and New Zealand
BMJ quality & safety, 2012Co-Authors: Katie Elkin, Matthew J Spittal, David J Elkin, David M. StuddertAbstract:Objective To examine how disciplinary tribunals assess different forms of Misconduct in deciding whether to remove doctors from practice for Professional Misconduct. Design and setting Multivariable regression analysis of 485 cases in which tribunals found doctors guilty of Professional Misconduct. The cases came from four Australian states (New South Wales, Victoria, Queensland and Western Australia) and New Zealand and were decided over a 10-year period (1 January 2000 – 30 September 2009). Main outcome measures Type of Misconduct, the tribunal's explanation for why the Misconduct occurred, and the disciplinary measure imposed. Results 43% of the cases resulted in removal of the offending doctor from practice, 37% in restrictions on practice and 19% in non-restrictive sanctions. The odds of removal were very high in cases involving sexual relationships with patients (OR 22.59; 95% CI 10.18 to 50.14) and moderately high in cases involving inappropriate sexual conduct (not in the context of a relationship), commission of criminal offences, and forms of inappropriate conduct unrelated to patients. Cases in which the Misconduct was judged to be due to willful wrongdoing (OR 17.14; 95% CI 8.62 to 34.09), incompetence (OR 6.02; 95% CI 2.87 to 12.63) and issues in the doctor's personal life (OR 4.17; 95% CI 2.07 to 8.41) also had higher odds removal from practice. Conclusion Tribunals in Australia and New Zealand tend to remove doctors from practice for behaviours indicative of character flaws and lack of insight, rather than behaviours exhibiting errors in care delivery, poor clinical judgement or lack of knowledge. The generalisability of these findings to regulatory regimes for health practitioners in other countries should be tested.
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doctors disciplined for Professional Misconduct in australia and new zealand 2000 2009
The Medical Journal of Australia, 2011Co-Authors: Katie Elkin, Matthew J Spittal, David J Elkin, David M. StuddertAbstract:Objectives: To describe Professional discipline cases in Australia and New Zealand in which doctors were found guilty of Professional Misconduct, and to develop a typology for describing the Misconduct. Design and setting: A retrospective analysis of disciplinary cases adjudicated in five jurisdictions (New South Wales, Victoria, Queensland, Western Australia and New Zealand) in 2000–2009. Main outcome measures: Characteristics of the cases (setting, Misconduct type, patient outcomes, disciplinary measure imposed), characteristics of the doctors involved (sex, specialty, years since qualification) and population-level case rates (by doctor characteristics). Results: The tribunals studied disciplined 485 doctors. Male doctors were disciplined for Misconduct at four times the rate of their female colleagues (91 versus 22 cases per 100 000 doctor-years). Obstetrics and gynaecology and psychiatry were the specialties with the highest rates (224 and 178 cases per 100 000 doctor-years). The mean age of disciplined doctors did not differ from that of the general doctor population. The most common types of offences considered as the primary issue were sexual Misconduct (24% of cases), illegal or unethical prescribing (21%) and inappropriate medical care (20%). In 78% of cases, the tribunal made no mention of any patient having experienced physical or mental harm as a result of the Misconduct. Penalties were severe, with 43% of cases resulting in removal from practice and 37% in restrictions on practice. Conclusions: Disciplinary cases in Australia and New Zealand have features distinct from those studied internationally. The recent nationalisation of Australia’s medical boards offers new possibilities for tracking and analysing disciplinary cases to improve
Clare Dyer - One of the best experts on this subject based on the ideXlab platform.
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Doctors are less likely to be struck off for dishonesty than other health workers
BMJ (Clinical research ed.), 2017Co-Authors: Clare DyerAbstract:The stresses of work and the influence of a malfunctioning workplace are important factors when doctors and other healthcare Professionals are charged with Professional Misconduct, research has concluded.1 An analysis of 6714 cases of Professional Misconduct brought by three healthcare regulators, including the General Medical Council (GMC), identified three types of perpetrators. These are described as: the self serving “bad apple”; the individual who is corrupted by falling standards in the workplace; and the depleted perpetrator struggling to cope with the pressures of life. The study, led by Rosalind Searle, professor of organisational behaviour and psychology at the University of Coventry, looked at Professional Misconduct cases from 2014 to 2016 seen …
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Doctor who ran nursing home is cleared of Professional Misconduct.
BMJ (Clinical research ed.), 2005Co-Authors: Clare DyerAbstract:The former chief executive of a private healthcare company in Britain was found not guilty of serious Professional Misconduct by the General Medical Council last week after a High Court judicial review struck out many of the charges against him. Chai Patel faced Misconduct charges over alleged mistreatment of elderly residents at Lynde House in Twickenham, Middlesex, owned by Westminster Healthcare, the company of which he was chief executive from 1999 to 2002. His case, taken to the GMC by a group of residents' relatives, was seen as a test case to decide the responsibility that doctors who run a business such as a chain of care homes have towards …
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Pathologist cleared of Misconduct by GMC in Shipman hearing
BMJ (Clinical research ed.), 2004Co-Authors: Clare DyerAbstract:A consultant pathologist who concluded in a postmortem report that a victim of the serial killer general practitioner Harold Shipman had died of natural causes was cleared of serious Professional Misconduct last week by the General Medical Council ( BMJ 2004;329: 757, 2 Oct). The GMC's Professional conduct committee found that David Bee's postmortem examination of Renate Overton fell below the standard reasonably expected, but did not constitute serious Professional Misconduct. Dr Bee's postmortem was criticised as “deeply flawed” by the independent inquiry into Shipman's career. As a result of his report, no coroner's inquest had been held and the last opportunity to …
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paediatrician cleared of serious Professional Misconduct
BMJ, 2004Co-Authors: Clare DyerAbstract:A teenager who had been bedridden with chronic fatigue syndrome (CFS) for two years this week lost her High Court challenge to a decision by the General Medical Council to clear a paediatrician who tried to influence her treatment against her parents' wishes. Lawyers for the 18 year old, named only as Miss A, argued that the decision to find Christopher Cheetham not guilty of serious Professional Misconduct was legally flawed because the GMC had not considered whether he had been acting in breach of confidence. But the judge, Mr Justice Charles, said the GMC had been …
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London GP cleared of serious Professional Misconduct.
BMJ (Clinical research ed.), 2003Co-Authors: Clare DyerAbstract:The judicial committee of the Privy Council last week quashed a finding of serious Professional Misconduct by the General Medical Council against a London GP. The doctor had been referred to the GMC for having failed to respond to repeated requests for a home visit to a 79 year old patient with arthritis who had had a fall. The three judges—Lord Hutton, Lord Steyn, and Sir Philip Otton—said they were left with a “profound sense of unease” at the GMC's finding against Michael Silver, a …
Kate Diesfeld - One of the best experts on this subject based on the ideXlab platform.
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Teachers' Health, Wellbeing and Professional Misconduct. An Exploratory Analysis of Cases from New Zealand's Teachers Disciplinary Tribunal 2017-2018.
Journal of law and medicine, 2019Co-Authors: Marta Rychert, Kate DiesfeldAbstract:Teachers' Professional Misconduct is rarely researched but of great public concern, given the potential impact upon students. Further, international concern has been expressed regarding teachers' wellbeing, including their working conditions. This study investigates the relationship between teachers' wellbeing and Professional Misconduct. We conducted a thematic analysis of disciplinary cases from the New Zealand Teachers Disciplinary Tribunal (NZTDT) between 2017 and 2018. Of the 41 disciplinary decisions from this period, 34 included references to teachers' health and wellbeing, including psychological stress at work and in their personal lives; psychiatric diagnoses; use of alcohol and other drugs; and emotional maturity. Breach of Professional boundaries and inappropriate use of force were the leading reasons for discipline. The analysis illuminates a complex relationship between teachers' wellbeing and discipline, whereby diminished wellbeing may contribute to Misconduct and be further affected by the disciplinary proceedings. Preventive strategies could include health-based interventions as part of Professional development.
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Professional Discipline: Analysis of New Zealand teachers disciplinary tribunal decisions
Waikato Journal of Education, 2010Co-Authors: Kate DiesfeldAbstract:Analysis of teachers’ Professional Misconduct is rarely researched but of great public interest. This legal analysis examines the 28 decisions of the New Zealand Teachers Disciplinary Tribunal from 2008. With a view to prevention, the categories of Misconduct, types of victims and penalties are examined. For comparison of disciplinary decision-making, the Health Practitioners Disciplinary Tribunal is discussed. Topical issues including attendance at hearings, legal representation and name suppression are illuminated. The article aims to foster further discussion regarding reform and specific strategies for reducing Professional Misconduct by teachers.
Katie Elkin - One of the best experts on this subject based on the ideXlab platform.
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Removal of doctors from practice for Professional Misconduct in Australia and New Zealand
BMJ quality & safety, 2012Co-Authors: Katie Elkin, Matthew J Spittal, David J Elkin, David M. StuddertAbstract:Objective To examine how disciplinary tribunals assess different forms of Misconduct in deciding whether to remove doctors from practice for Professional Misconduct. Design and setting Multivariable regression analysis of 485 cases in which tribunals found doctors guilty of Professional Misconduct. The cases came from four Australian states (New South Wales, Victoria, Queensland and Western Australia) and New Zealand and were decided over a 10-year period (1 January 2000 – 30 September 2009). Main outcome measures Type of Misconduct, the tribunal's explanation for why the Misconduct occurred, and the disciplinary measure imposed. Results 43% of the cases resulted in removal of the offending doctor from practice, 37% in restrictions on practice and 19% in non-restrictive sanctions. The odds of removal were very high in cases involving sexual relationships with patients (OR 22.59; 95% CI 10.18 to 50.14) and moderately high in cases involving inappropriate sexual conduct (not in the context of a relationship), commission of criminal offences, and forms of inappropriate conduct unrelated to patients. Cases in which the Misconduct was judged to be due to willful wrongdoing (OR 17.14; 95% CI 8.62 to 34.09), incompetence (OR 6.02; 95% CI 2.87 to 12.63) and issues in the doctor's personal life (OR 4.17; 95% CI 2.07 to 8.41) also had higher odds removal from practice. Conclusion Tribunals in Australia and New Zealand tend to remove doctors from practice for behaviours indicative of character flaws and lack of insight, rather than behaviours exhibiting errors in care delivery, poor clinical judgement or lack of knowledge. The generalisability of these findings to regulatory regimes for health practitioners in other countries should be tested.
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doctors disciplined for Professional Misconduct in australia and new zealand 2000 2009
The Medical Journal of Australia, 2011Co-Authors: Katie Elkin, Matthew J Spittal, David J Elkin, David M. StuddertAbstract:Objectives: To describe Professional discipline cases in Australia and New Zealand in which doctors were found guilty of Professional Misconduct, and to develop a typology for describing the Misconduct. Design and setting: A retrospective analysis of disciplinary cases adjudicated in five jurisdictions (New South Wales, Victoria, Queensland, Western Australia and New Zealand) in 2000–2009. Main outcome measures: Characteristics of the cases (setting, Misconduct type, patient outcomes, disciplinary measure imposed), characteristics of the doctors involved (sex, specialty, years since qualification) and population-level case rates (by doctor characteristics). Results: The tribunals studied disciplined 485 doctors. Male doctors were disciplined for Misconduct at four times the rate of their female colleagues (91 versus 22 cases per 100 000 doctor-years). Obstetrics and gynaecology and psychiatry were the specialties with the highest rates (224 and 178 cases per 100 000 doctor-years). The mean age of disciplined doctors did not differ from that of the general doctor population. The most common types of offences considered as the primary issue were sexual Misconduct (24% of cases), illegal or unethical prescribing (21%) and inappropriate medical care (20%). In 78% of cases, the tribunal made no mention of any patient having experienced physical or mental harm as a result of the Misconduct. Penalties were severe, with 43% of cases resulting in removal from practice and 37% in restrictions on practice. Conclusions: Disciplinary cases in Australia and New Zealand have features distinct from those studied internationally. The recent nationalisation of Australia’s medical boards offers new possibilities for tracking and analysing disciplinary cases to improve
Anneke L. Francke - One of the best experts on this subject based on the ideXlab platform.
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Dealing with Professional Misconduct by colleagues in home care: a nationwide survey among nursing staff.
BMC nursing, 2016Co-Authors: E.e.m. Maurits, A.j.e. De Veer, Peter P. Groenewegen, Anneke L. FranckeAbstract:Professional Misconduct in healthcare, a (generally) lasting situation in which patients are at risk or actually harmed, can jeopardise the health and well-being of patients and the quality of teamwork. Two types of Professional Misconduct can be distinguished: Misconduct associated with incompetence and that associated with impairment. This study aimed to (1) quantify home-care nursing staff’s experiences with actual or possible Professional Misconduct; (2) provide insight into the difficulty home-care nursing staff experience in reporting suspicions of Professional Misconduct within the organisation and whether this is related to the individual characteristics of nursing staff; and (3) show which aspects of Professional practice home-care nursing staff consider important in preventing Professional Misconduct. A questionnaire survey was held among registered nurses and certified nursing assistants employed in Dutch home-care organisations in 2014. The 259 respondents (60 % response rate; mean age of 51; 95 % female) were members of the Dutch Nursing Staff Panel, a nationwide group of nursing staff members in various healthcare settings. Forty-two percent of the nursing staff in home care noticed or suspected Professional Misconduct by another healthcare worker during the previous year, predominantly a nursing colleague. Twenty to 52 % of the nursing staff experience difficulty in reporting suspicions of different forms of incompetence or impairment. This is related to educational level (in the case of incompetence), and managerial tasks (both in the case of incompetence and of impairment). Nursing staff consider a positive team climate (75 %), discussing incidents (67 %) and good communication between healthcare workers (57 %) most important in preventing Professional Misconduct among nursing staff. Suspicions of Professional Misconduct by colleagues occur quite frequently among nursing staff. However, many nursing staff members experience difficulty in reporting suspicions of Professional Misconduct, especially in the case of suspected impairment. Home-care employers and Professional associations should eliminate the barriers that nursing staff may encounter when they attempt to raise an issue. Furthermore, advocating a positive team climate within nursing teams, encouraging nursing staff to discuss incidents and facilitating this, and promoting good communication between healthcare workers may be appropriate strategies that help reduce Professional Misconduct by nursing staff.
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Dealing with Professional Misconduct by colleagues in home care: a survey among nursing staff.
2016Co-Authors: E.e.m. Maurits, A.j.e. De Veer, Peter P. Groenewegen, Anneke L. FranckeAbstract:Background Professional Misconduct in healthcare, a (generally) lasting situation in which patients are at risk or actually harmed, can jeopardise the health and well-being of patients and the quality of teamwork. Two types of Professional Misconduct can be distinguished: Misconduct associated with incompetence and that associated with impairment. This study aimed to (1) quantify home-care nursing staff’s experiences with actual or possible Professional Misconduct; (2) provide insight into the difficulty home-care nursing staff experience in reporting suspicions of Professional Misconduct within the organisation and whether this is related to the individual characteristics of nursing staff; and (3) show which aspects of Professional practice home-care nursing staff consider important in preventing Professional Misconduct. Methods A questionnaire survey was held among registered nurses and certified nursing assistants employed in Dutch home-care organisations in 2014. The 259 respondents (60 % response rate; mean age of 51; 95 % female) were members of the Dutch Nursing Staff Panel, a nationwide group of nursing staff members in various healthcare settings. Results Forty-two percent of the nursing staff in home care noticed or suspected Professional Misconduct by another healthcare worker during the previous year, predominantly a nursing colleague. Twenty to 52 % of the nursing staff experience difficulty in reporting suspicions of different forms of incompetence or impairment. This is related to educational level (in the case of incompetence), and managerial tasks (both in the case of incompetence and of impairment). Nursing staff consider a positive team climate (75 %), discussing incidents (67 %) and good communication between healthcare workers (57 %) most important in preventing Professional Misconduct among nursing staff. Conclusions Suspicions of Professional Misconduct by colleagues occur quite frequently among nursing staff. However, many nursing staff members experience difficulty in reporting suspicions of Professional Misconduct, especially in the case of suspected impairment. Home-care employers and Professional associations should eliminate the barriers that nursing staff may encounter when they attempt to raise an issue. Furthermore, advocating a positive team climate within nursing teams, encouraging nursing staff to discuss incidents and facilitating this, and promoting good communication between healthcare workers may be appropriate strategies that help reduce Professional Misconduct by nursing staff. (aut. ref.)
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Hoe gaan zorgverleners om met signalen van disfunctioneren
2015Co-Authors: A.j.e. De Veer, E.e.m. Maurits, Anneke L. FranckeAbstract:AIM: Professional Misconduct is a generally lasting situation in which clients are at risk or actually harmed because a health care Professional lacks Professional competences or provides irresponsible care and seems rather unable or unwilling to change this situation. This article aims to give insight in how Professionals deal with signs of Misconduct by colleagues of physicians. METHOD: 1214 RNs, CNAs and social workers in hospitals, psychiatry, care for people with disabilities, care for the elderly, and general practices completed a questionnaire (respons 59%). FINDINGS: Nearly half (45%) of the respondents described a case of (possible) Professional Misconduct in the past year. Most (92%) of the cases concerned someone within the own organization or practice. In at least 37% of the cases the client safety was at risk, according to the responding Professionals. However, client safety did not play a role in whether and how Professionals reacted. Professional Misconduct concerned incompetent Professional behavior in 75% of the cases. In 25% of the cases impaired behavior (e.g. aggression, drugs misuse) was (also) reported. In 87% of the cases action was taken thereon, often (67%) talking with the person who (possibly) did something wrong. DISCUSSION: Management and executives are important in preventing and dealing with Professional Misconduct, but also the individual Professional is responsible. CONCLUSION: When Professionals notice Misconduct they usually discuss it. Professional Misconduct particularly is noticed within the ownorganization. (aut. ref.)
