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200212P - PROFESSIONAL MISCONDUCT AND MALPRACTICE

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Presentation at a Workshop on Professionalism In Clinical Practice held at Princess Noura University, Riyadh on 12 February 2020. By Professor Omar Hasan Kasule Sr. MB ChB (MUK). MPH (Harvard), DrPH (Harvard) Chairman of the Institutional Review Board and Ethics Committee, King Fahad Medical City

 

1.0 ABUSE OF PROFESSIONAL PRIVILEGES - 1:

} Unethical research on patients is an abuse of professional privileges.

} Abuse of treatment privileges: unnecessary treatment, iatrogenic infection, and allowing or abetting an unlicensed practitioner.

} Abuse of prescription privileges: prescription of controlled drugs not following procedures.

 

2.0 ABUSE OF PROFESSIONAL PRIVILEGES - 2:

} Financial fraud: pharmacy fraud (billing for medicine not supplied), billing fraud (billing for services not performed), equipment fraud (using equipment that is really not needed.

} Kick-backs are unethical and illegal.

} False or inaccurate documentation: false medical certificate of illness, false death certification, and false injury reports.

} Breach of confidentiality.

 

3.0 PRIVATE MISCONDUCT DEROGATORY TO REPUTATION, kharq al muru’at:

} Breach/abuse of trust / Abuse of confidence.

} Fraudulent procurement of a medical license, sale of medical licenses, and covering an unqualified practitioner indicate bad character.

} Abuse of power/influence/conflict of interest.

} Abuse of alcohol and drugs.

} Behavior unbecoming, indecent behavior, Violence, sexual misbehavior.

 

4.0 NEGLIGENCE: BASIS OF LIABILITY:

} Three ingredients must be proved in a case of negligence.

§  Physician owed a duty of care,

§  Physician failed in that duty,

§  Failure resulted in damage.

 

5.0 AVOIDING / PREVENTION OF MALPRACTICE SUITS

} Sticking to defined professional standards of care, Use of protocols.

} Peer review and quality assurance.

} Defensive medicine.

} Politeness with patients.

} Conscience of all healthcare workers to make sure that mistakes do not occur.