25 June 2018

Allegations not proven – but still published?

Medicolegal Mental Health

Would you visit a doctor who has, next to his or her name in the public register, a mention of a court proceeding or tribunal hearing?

Or would you prefer to see another doctor, even if the small print on the register stated “allegations not proven”?

I often find the legalese speak on AHPRA’s website difficult to understand. A recent report recommended that the register should include web links to published disciplinary decisions and court rulings – which AHPRA has been implementing.

However, and this is not immediately clear from the explanation on the website, apparently proceedings will also be published when a doctor or other health practitioner was found not guilty.

Complaints that have been dismissed in a tribunal as without merit will still be listed with a link to the relevant court or tribunal ruling, according to this article on DoctorPortal. The issue was also flagged at the national AMA Conference last month.

This measure is meant to “build trust between doctors and patients”. I’m not sure it is protecting the public but I can imagine that publishing complaints that have been dismissed is confusing for the public – and can also be misinterpreted.

It has the potential to not only affect the reputation of health professionals unfairly, but also their mental health and general wellbeing.

We need to have another long hard look at this.