Monday, August 10, 2020

Law And Ethics In Healthcare Example

Law And Ethics In Healthcare Example Law And Ethics In Healthcare â€" Assignment Example > What allegations did the Tribunal consider in this case? The Victorian Civil and Administrative Tribunal (VCAT) is tasked with reviewing allegations from different stakeholders including the health professionals and clients, and determine appropriate mitigation or disciplinary measure (VCAT, 2013). In the case of Dr. Topchian, the allegations were premised on the sexual relationships and the negotiations for payments and other factors association with the unprofessional behaviours. The healthcare industry requires upholding of high standards of ethical and moral requirements. These standards defines professional behaviors and approaches in completing different roles and responsibilities. Dr. David Topchian, a cosmetic surgeon, admitted having engaged with a 21-year-old female patient in a sexual relationship. Dr. Topchian had engaged in sexual acts during the provision of cosmetic surgery services before, during and after the sexual relationship. The patient asked Dr. Topchian for some financial assistances, and these assistances had threats attached (VCAT, 2013). The patient that Dr. Topchian treated between April 2007 and January 2010 threatened that if Dr. Topchian did not provide the monetary compensation, she would report the relationship to Dr. Topchian’s wife, the health professional board and other stakeholders. Due to these threats, Dr. Topchian reported the matter to the Australian Health Practitioner Regulations Agency. Based on the analysis, it is evident that Dr. Topchian had broken numerous legal and ethical requirements has contained in numerous legal acts and the oath of a health practitioner (VCAT, 2013; Lo, 2012). For example, health regulation requires patients and health practitioners to maintain boundaries, which Dr. Topchian crossed (Mansfield et al. , 2011; VCAT, 2013). In addition, the health practitioners are required to champion ethical requirements such as not lying and concealing mistakes. Dr. Topchian did not adhere to the le gal and ethical requirements, and it was the role of VCAT to determine the allegations (VCAT, 2013). Moreover, aspects of unprofessionalism and professional misconduct are raised. What were the Tribunal’s findings with respect to the allegations? The Tribunal found professional misconduct based on Health Professions Registration Act 2005 against Dr. Topchian because of the sexual relationship with a 21-year patient who was seeking for cosmetic surgery services. The Health Professions Registration Act 2005 contains guidelines and principles of accomplishing health related activities. However, Dr. Topchian did not follow or adhere with some of the directives in this legislation. The second finding is of unprofessional conduct premised on Health Practitioner Regulation National Law (Victoria) Act 2009 because Dr. Topchian employed different approaches and systematic approach to cover up the relationship (VLPD, 2009). The Tribunal stated “His conduct was of a far lesser standard th an that expected of him. Following the risk of disclosure of the sexual relationship arising, Dr. Topchian carefully and systematically attempted to prevent anyone discovering his misconduct” (VCAT, 2013). Dr. Topchian reported the matter after the patient threatened to expose their relationship. Dr. Topchian had initially engaged the services of lawyers, and the doctor proposed a settlement of $20,000 even though the patient wanted a compensation of $50,000 (VCAT, 2013). Other conditions attached to the agreement included deleting material that was related to their relationship in her laptop computer and her mobile phone and also to sign documentation prohibiting her from disclosing or taking action about their sexual relationship.

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