Professional Misconduct Cases Research Articles

Unprofessional behaviour of junior doctors: a retrospective analysis of outcomes by the Singapore Medical Council disciplinary tribunals.

This is a retrospective analysis of outcomes by Singapore Medical Council (SMC) disciplinary tribunals in cases involving junior doctors. We aimed to classify the types of unprofessional behaviour and consider appropriate measures for remediation and prevention. SMC's annual reports from 1979 to 2017 and published grounds of decision from 2008 to 2017 were examined using two screening levels to identify cases involving junior doctors. Cases were sorted into five outcome categories: (a) professional misconduct; (b) fraud and dishonesty; (c) defect in character; (d) disrepute to the profession; and (e) acquitted. A total of 317 cases were identified, of which 13 (4.1%) involved junior doctors: 4 (30.8%) cases involved professional misconduct, 4 (30.8%) cases involved fraud and dishonesty, 3 (23.1%) cases saw an acquittal, and one case each involved defect in character and disrepute to the profession. The four cases of professional misconduct highlight the need to differentiate medical errors due to systems factors from those due to individual culpability, by applying analytical tools such as root cause analysis and Unsafe Act Algorithms. Disciplining the individual alone does not help prevent the recurrence of similar medical errors. We found that fraud and dishonesty was an important category of unprofessional behaviour among junior doctors. While the frequency of unprofessional behaviour among junior doctors, as determined by the SMC disciplinary tribunal, is low (4.1%), this study highlights that complaints against medical doctors often involve systems issues and individual factors. Unprofessional behaviours related to fraud and dishonesty need special attention in medical school.

Comment on: Classification of plastic surgery malpractice complaints brought before the São Paulo Medical Board that were treated as professional-misconduct cases: a cross-sectional study.

Comment on: Classification of plastic surgery malpractice complaints brought before the São Paulo Medical Board that were treated as professional-misconduct cases: a cross-sectional study.

Making an impact in healthcare contexts: insights from a mixed-methods study of professional misconduct

ABSTRACT The scarcity of public sector healthcare resources and the vulnerability of service users make the conduct of health professionals critically important. Health regulators, in delivering their core objective of patient protection, use empirical evidence to identify professionals’ misconduct, improve their understanding of why misconduct occurs, and to maximize the effectiveness of regulatory actions that safeguard public trust in the healthcare system. This paper outlines the contribution of comparative academic analysis of three professions in the UK (doctors, nurses & midwives, and allied health professions) based on 6714 individual cases of professional misconduct. Three dynamic strands of ongoing impact are identified: “dialogue”, that creates an international multi-stakeholder community of interest; “knowledge generation”, which advances conceptual and empirical understanding of counterproductive work behaviour through sequential quantitative and qualitative study; and “dissemination”, where practical learning is utilized by regulators, employers and other academics.

Classification of plastic surgery malpractice complaints brought before the São Paulo Medical Board that were treated as professional-misconduct cases: a cross-sectional study.

Nowadays, there is an ethical and moral necessity to establish rules that govern professional attitudes and conduct. In the medical field, these rules are multifaceted, given the health consequences inherent to medical procedures. Ethics is an even more delicate subject when it comes to plastic surgery, since one of the aims of this particular medical specialty is esthetic improvement of the body. To survey and classify São Paulo State Medical Board investigations of plastic-surgery complaints that were treated as professional-misconduct cases between 2007 and 2016. Cross-sectional study conducted in a medical council. A total of 360 cases were reviewed. Among these, 8 (2.23%) were dismissed, 1 (0.27%) became an administrative lawsuit and 351 (97.50%) were treated as professional-misconduct cases. A breakdown of the complaints filed over the nine-year period showed that complaints concerning malpractice were the most common (28.43%), followed by those regarding medical advertising (24.19%) and poor doctor-patient relationships (10.39%). Overall, the number of complaints lodged decreased over the last two years reviewed, although complaints regarding malpractice and poor doctor-patient relationships increased by 10% over the same period. In order to further reduce the number of medical board investigations, the medical establishment needs to carefully review the medical training of students and doctors at every stage of their careers.

Health Practitioner Regulation: Has the National Law Produced National Outcomes in Serious Disciplinary Matters?

Since 2010, a national scheme regulates the registration, accreditation and discipline of health professionals in Australia (the ‘National Law’). This research examines disciplinary cases from tribunals nationwide to address the question: Has the national regulation of health professionals produced consistency in outcomes in serious cases of professional misconduct? All publicly available Australian tribunal-level decisions concerning complaints of serious misconduct and/or impairment brought against the five most populous regulated health professions (nurses and midwives, doctors, psychologists, pharmacists and dentists) were analysed for the period from 1 July 2010 to 30 June 2017. Each case was coded by reference to a typology of misconduct, practitioner characteristics and outcome, allowing for comparisons to be drawn both as between the professions and as between jurisdictions. Major disparities were identified in outcomes across the professions, with doctors being subject to less severe outcomes than other professions, in particular in comparison with nurses, even when the same main head of misconduct was in issue. Marked disparities were also identified between outcomes in different states and territories, suggesting that the National Law is not being applied in a uniform manner. This article examines these disparities and explores possible contributing factors.

Interrogating the Significance of Professionalism and Professional Ethics in the Teaching Profession

KEYWORDS Teaching Profession. Professionalism. Ethics. Teacher Indiscipline. Accountability ABSTRACT The teaching profession is generally referred to as a noble profession. There are, however, numerous reported cases of professional misconduct by teachers in schools. In this concept paper the researchers explore the concepts professionalism and professional ethics in the teaching profession. The researchers further examine the importance of professionalism and professional ethics in the teaching profession. Teacher accountability as a way of ensuring the upholding of professional ethics is discussed. Teacher indiscipline as a result of lack of professionalism is explored and common forms of misconduct by teachers in schools are unearthed through examination of related studies. The researchers conclude by restating the significance of professionalism and professional ethics in the teaching profession, against the realisation that teachers deal with the moulding of future citizens, which should be done with utmost care and concern. In this paper the researchers recommend that teacher training programmes should place more emphasis on the teaching of professional ethics in the same way content and pedagogical expertise are valued. Continuous professional development programmes for practising teachers should expose teachers to the importance of professionalism and professional ethics. Measures should be put in place to hold teachers accountable for the ways in which they dispensetheir duties. Performance-related pay increases and licencing of teachers are some of the ways to ensure accountability.

Tough Love: Professional Regulation of Lawyer Dishonesty

Regulating lawyer dishonesty is a key focus of professional misconduct cases in most jurisdictions. And rightly so. In any legal system aimed at the just resolution of disputes between citizens, it is essential that lawyers’ words and behaviour can be relied upon by the courts, clients, other lawyers and the public. Yet research into seven years of disciplinary cases in New South Wales (NSW), Australia suggests that only a narrow range of dishonest conduct is actioned, often with harsh results for the practitioners involved. Research outlined in this article shows that 65% of the cases decided in this jurisdiction between 2004-2010 involved findings of practitioner dishonesty, 80% of the practitioners involved in those cases were disbarred and 89% of the total number of lawyers disciplined worked as solo and small firm practitioners.The Australian research reported in this article may be emblematic of similar issues that occur in the regulation of lawyer dishonesty in both the United States and Canada. It is therefore argued that, for disciplinary cases to be seen as legitimate and just, it is important for the profession and regulators to consider the way dishonesty is being characterized and the harshness of the penalties imposed. When these questions are asked in the Australian context, the research suggests there is a tendency to treat small and sole firm practitioners particularly harshly even where small instances of dishonesty are involved. In addition, the dominant regulatory approach is still to link dishonesty with poor character, a connection that is unsupported by empirical research in psychology. Finally, there appears to be limited appreciation by regulatory authorities of the links between dishonesty, stress and psychological conditions.

Integrity in Professional Life: Issues of Conduct, Commitment and Capacity

This article explores the nature of professional integrity, considering the questions ‘what is professional integrity?’ and ‘how do social welfare practitioners perform as people of integrity in the course of their professional work?’ The focus is on social welfare work, with a particular emphasis on social work as practised in England. Three versions of professional integrity are identified as: morally right conduct; commitment to a set of deeply held values; and a capacity for reflexive sense-making and reliable accountability. These are explored through examples from professional misconduct cases in social care and accounts from professional practitioners about their working lives. Key elements of professional integrity are identified and implications for policy, practice and education are considered.

Is the cost of regulation spiralling out of control?

The cost of keeping your name on the Nursing and Midwifery Council (NMC) register is escalating every year, and it seems little is been done to explain or justify the costs. Recently, a colleague telephoned the NMC and asked for a breakdown of the expenditure so she could see where the money was being spent. Unfortunately, no satisfactory reply was offered (except some remarks about the spiralling costs of legal fees for professional misconduct cases).

NMC decision expected on plans for independent misconduct body

Members of the Nursing and Midwifery Council (NMC) will decide this week whether to oppose proposals for professional misconduct cases to be judged by a separate organisation.

The tissue viability nurse and effective documentation.

The problems associated with inadequate record keeping in tissue viability have been highlighted in a number of related legal proceedings, professional misconduct cases (UKCC 2001a,b), and investigations by the Health Service Commissioner (Ombudsman) (HSC, 2001). Each serves as a reminder of the importance of nursing documentation towards protecting the welfare of patients and clients. A rising tide in clinical negligence (National Audit Office, 2001), and in an increase in the number of nurses removed from the UKCC register (UKCC 2001c), indicate a greater likelihood of nurses (including specialists), being called to provide evidence of standards of care when investigating, predicting and managing clinical risk. This article examines the continued importance of documentary evidence to support such inquiries, clarifying the tissue viability nurse's responsibility in producing accurate and effective records in all aspects of an increasingly expanding role.

'Sexy docs' and 'busty blondes': press coverage of professional misconduct cases brought before the General Medical Council.

AbstractThis paper presents an analysis of press coverage of the General Medical Council Professional Conduct Committee (PCC) during 1990 and 1991. All tabloid press coverage during this period was compared with PCC minutes to establish what kinds of cases were reported. The analysis reveals that the press gave undue attention to hearings involving sexual misconduct by General Practitioners and that the majority of patients reported as suffering from such misconduct were young women. The paper goes on to document the ideological assumptions underpinning this coverage and considers the consequences for the doctor‐patient relationship.

TEACHERS' VIEWS ON PRIMARY SCHOOL STREAMING

Every year, a number of teachers are dismissed for cases of professional misconduct, this impact negatively on student teacher contact. In Kenya each year about 1,400 teachers face disciplinary action. Between 2003 and 2007 Nyando District was reported to have had 129 professional teacher misconduct cases. The purpose of this study was to establish forms, factors and preferred strategies in management of professional misconduct among public primary school teachers in Nyando District. Objectives of the study were to establish forms, factors and preferred way of managing misconduct among public primary schools teachers in Nyando District. A conceptual framework used in the study was to help focus on the variables. The study adopted descriptive survey research design. Study population consisted of 1,613 teachers, 289 deputy head teachers, 289 head teachers, one Kenya National Union of Teachers branch Secretary, one Education Officer in-charge of Primary School Administration and one Teachers Service Commission's District Human Resource Officer. The findings of the study revealed that various forms of teacher misconduct were experienced in Nyando District. They included lateness, absenteeism, alcoholism, negligence of duty, financial mismanagement, Code of Regulation corporal punishment, sexual immorality, insubordination, drug abuse, assault and desertion of duty. Teacher’s misconduct was influenced by work environment, home background, teacher character and school leadership. The study established that the preferred methods of managing teacher professional misconduct were guidance and counseling, log in, transfer, provision of Code of Regulation for Teachers, capacity building, provision of account clerks, transfer and motivation. The findings of the study are significant to head teachers, Teacher Service Commission, Kenya National Union of Teachers and Ministry of Education in managing teacher misconduct. It may also form baseline information for future research in related areas.