Ethical misconduct by registered physiotherapists in South Africa (2007–2013): A mixed methods approach

Abstract

BackgroundThe role of ethics in a medical context is to protect the interests of patients. Thus, it is critically important to understand the guilty verdicts related to professional standard breaches and ethics misconduct of physiotherapists.AimTo analyse the case content and penalties of all guilty verdicts related to ethics misconduct against registered physiotherapists in South Africa.MethodsA mixed methods approach was followed consisting of epidemiological data analysis and qualitative content analysis. The data documents were formal annual lists (2007–2013) of guilty verdicts related to ethical misconduct. Quantitative data analysis focused on annual frequencies of guilty verdicts, transgression categories and the imposed penalties. Qualitative data analysis focused on content analysis of the case content for each guilty verdict.ResultsRelatively few physiotherapists (0.05%) are annually found guilty of ethical misconduct. The two most frequent penalties were fines of R5000.00 and fines of R8000.00 – R10 000.00. The majority of transgressions involved fraudulent conduct (70.3%), followed by performance of procedures without patient consent (10.8%). Fraudulent conduct involved issuing misleading, inaccurate or false medical statements, and false or inaccurate medical aid scheme claims.ConclusionUnethical conduct by physiotherapists in South Africa occurs rarely. The majority of penalties imposed on sanctioned physiotherapists were monetary penalties.

Knowledge and practices of seeking informed consent for medical examinations and procedures by health workers in the Democratic Republic of Congo

“…This is an alarming situation as many health care workers in other parts of the word have been legally charged. 24 In this regard the findings of Jukić and colleagues contrasted with ours. This is most probably due to the paternalistic attitude among patients and health care workers in the DRC where there are very few lawsuits, thereby reducing the visible involvement of the law 17 .…”

Knowledge and practice of informed consent by physiotherapists and therapy assistants in KwaZulu-Natal Province, South Africa

“…Informed consent is an ethical and legal obligation requiring competence, adequate explanation, understanding, appreciation and voluntary acceptance of information shared and intervention proposed before medical treatment (Dhai & McQuoid-Mason 2011). Cases leading to litigation in healthcare practice previously were related to death, serious injuries and harm, but in recent times, expectations of patients with a measure of dissatisfaction coupled with awareness of rights have prompted more claims based on negligence (Chima 2011; Hoffmann & Nortjé 2015; Park et al 2016). Hence, IC remains a necessary contract, to be fulfilled at all times between PTs or other HCPs and patients (WHO 1999).…”

“…Some South African PTs have been charged with misconduct related to IC as reported by Hoffmann and Nortjé (2015). These charges related to treatment without full information disclosure and the patient’s permission, and were considered a violation of patients’ rights to doctrinal due process.…”

“…With an 8% reported IC-related misconduct charges against PTs, on record at HPCSA (Hoffmann & Nortjé 2015), one needs to ask whether physiotherapy professionals understand what is expected of them in terms of IC. Are there any specific challenges this category of HCPs encounters during clinical practice?…”

Seven year overview (2007—2013) of ethical transgressions by registered healthcare professionals in South Africa

“…The intention of these codes is not to facilitate mere compliance with the "letter of the law" but rather to engage and challenge healthcare h e a l t h s a g e s o n d h e i d 2 1 ( 2 0 1 6 ) 4 6 e5 3 (Godbold, 2008;Hoffmann & Nortj e, 2015). Rather, the rehabilitation process for sanctioned healthcare professionals should include an ethics education component (e.g.…”