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Doctors with Conditions - Rehabilitation or Risk.

¹The author was a Hearing Member of the Medical Council of New South Wales and the former Medical Board of New South Wales until 2015.

Journal of Law and Medicine

|July 7, 2018

Summary

Protective orders in medical tribunals often prioritize doctor rehabilitation over public safety. This study questions the effectiveness of these orders, suggesting a misplaced faith in their ability to manage risk.

Keywords:

disciplinary tribunals doctors impairment protective orders public protection rehabilitation

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Area of Science:

Medical Law
Public Health Policy
Medical Ethics

Background:

Medical disciplinary tribunals utilize protective orders to manage risks posed by doctors.
A shift towards rehabilitative models for impaired doctors has influenced these protective orders.

Purpose of the Study:

To analyze the nature and impact of protective orders in medical disciplinary tribunals.
To evaluate whether current protective orders effectively ensure public protection.
To examine the underlying rationale and utility of risk management strategies in medical tribunals.

Main Methods:

Analysis of protective orders issued over a three-year period in medical disciplinary tribunals.
Review of case law and tribunal decisions concerning doctor misconduct and risk management.

Main Results:

Protective orders frequently focus on doctor rehabilitation rather than solely public protection.
Conditions such as supervision or psychiatric treatment are common forms of risk management.
The study found a lack of research supporting the effectiveness of these protective measures.

Conclusions:

The concept of public protection may be undermined by current practices in medical tribunals.
Tribunals may place undue faith in the efficacy of protective orders without sufficient evidence.
A critical re-evaluation of protective order strategies is needed to ensure genuine public safety.