Procedural fairness in medical investigations and disciplinary proceedings.
In recent times, certain well-publicised cases involving allegations of inadequate and dangerous medical practice have led to a number of reviews into, and consequent changes to, the New South Wales medical regulatory and disciplinary system. The overwhelming focus has been upon both whether the existing system provided sufficient protection for the public from dangerous or under-performing medical practitioners and what was needed to ensure such protection. While the focus upon public protection is unquestionable and laudable, this still leaves considerable scope for ensuring a medical practitioner is afforded procedural fairness during the course of investigative and disciplinary processes. It is questionable whether procedural fairness is being afforded where to do so does not compromise the protection of the public. It is argued that only limited changes are required to create a system which affords procedural fairness without compromising the integrity of the system.
Bowen
Timothy
T
Dibbs Abbott Stillman Lawyers. Timothy.Bowen@daslaw.com.au
Saxton
Andrew
A
D002983:Clinical Competence / Q000331:legislation & jurisprudence; D005554:Forensic Medicine / Q000458:organization & administration*; D006801:Humans; D009517:New South Wales; D010820:Physicians / Q000331:legislation & jurisprudence*; D012935:Social Justice