Health practitioners are obliged to meet certain conduct and ethical standards in their treatment of members of the public. There are several different Codes of Conduct depending on the profession or vocation, and the health care setting public and private, state or territory.
The various codes of conduct are overseen by AHPRA and the various National Boards and include:
- Good Medical Practice
- Nursing and Midwifery Board of Australia
- Paramedicine Board of Australia
- Psychology Board of Australia
- Optometry Board of Australia
- Dental Board of Australia
- Physiotherapy Board of Australia
All Codes of Conduct include obligations to:
- protect and promote the health of individuals in the community;
- practice safely and effectively;
- ensure appropriate relationships with patients and colleagues; and
- maintain one’s own health and well-being.
Some of the more common categories of professional conduct breaches are
1: Breach of Standards
Professional misconduct involves a breach of accepted ethical standards. This can involve a range of actions, including undertaking new and untested treatment methods without adequate training, providing treatment which has no therapeutic benefit to the patient, providing treatment which is outside the scope of the practitioner, and ignoring medical protocols.
2: Lack of Informed Consent
Medical practitioners are obliged to obtain informed consent from patients before performing any surgical procedures or examinations. Failure to do so may constitute professional misconduct.
3: Unethical Behaviour
Engaging in improper, unethical, or deceptive conduct is a serious violation. This includes misleading patients, misusing academic titles, and providing grossly inappropriate treatment advice recommendations.
4: Boundary Violations
Maintaining professional boundaries is crucial in the doctor-patient relationship. Any exploitation of patients, whether physical, emotional, sexual, or financial, is considered a breach of these boundaries and may constitute professional misconduct.
5: Failure to Recognise Power Imbalance
Doctors must recognize and address the power imbalance inherent in the doctor-patient relationship. Failing to acknowledge this and exploiting patients’ vulnerability can lead to a finding of professional misconduct.
6: Regulatory Guidelines
Medical professionals must adhere to established codes of conduct and guidelines, such as those outlined by the Medical Board of Australia. These guidelines emphasize the importance of recognizing power imbalances, avoiding conflicts of interest, and maintaining professional boundaries.
7: Reporting and Accountability
Health practitioners, employers, and education providers are legally obliged to report instances of notifiable conduct to the appropriate regulatory bodies including AHPRA. This ensures accountability and prevents harm to the public.
At The Law Office of Conrad Curry, we advocate for individuals who have experienced professional misconduct by practitioners in their treatment, ensuring that those responsible are held accountable. If you’ve been a victim or suffered loss due to medical negligence, contact us to discuss your rights and seek justice.
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Disclaimer: The information provided on this page is for informational purposes only and does not constitute legal advice. Consult with a qualified professional for advice regarding your specific situation.
