十年前考內科專科畢業試，有道德倫理題，考官講述一個情景，某醫院教授公開批評另外一位醫生，發出欠缺充分理據的批評而令另一位醫生的專業能力或誠信遭人質疑，踩低别人，抬高自己，考官問如果我是在團隊內第三位醫生，怎麼辦？
中傷同業
在香港醫委會的香港註冊醫生專業守則中清楚寫出，第19節 - 中傷同業- 19.3 以直接或暗示方式發出欠缺充分理據的批評而令另一位醫生的專業能力或誠信遭人質疑，屬不道德的行為。
專業上的失當行為
“專業上的失當行為”一詞，並未在《醫生註冊條例》內加以界定，但上訴法庭將之詮譯為未達註冊醫生應有水平的行為。該詞除涵蓋不誠實或不道德的卑劣行為外，還包括一切未達同業判斷應有操守標準的錯漏所導致的行為。此外，被聲譽良好及醫術優良的同業合理地視為可恥、不道德或不名譽的行為亦包括在內。19. Disparagement of other medical practitioners
- 19.1 Doctors are frequently called upon to express a view about a colleague’s professional practice. This may, for example, happen in the course of a medical audit or peer review procedure, or when a doctor is asked to give a reference about a colleague. It may also occur in a less direct and explicit way when a patient seeks a second opinion, specialist advice or an alternative form of treatment. Honest comment is entirely acceptable in such circumstances, provided that it is carefully considered and can be justified, offered in good faith and intended to promote the best interests of the patient.
- 19.2 A doctor should, where the circumstances so warrant, inform an appropriate person or body about a colleague whose professional conduct, competence or fitness to practise may be called into question. The Council has procedures for rehabilitating doctors whose fitness to practise is impaired by a physical or mental condition. See section 4.
- 19.3 It is unethical for a doctor to make unjustifiable comments which, whether directly or by implication, undermines trust in the professional competence or integrity of another doctor.
Misconduct in a Professional Respect
The term “misconduct in a professional respect” is not defined in the Medical
Registration Ordinance but has been interpreted by the Court of Appeal as
conduct falling short of the standards expected among registered medical
practitioners. It includes not only conduct involving dishonesty or moral
turpitude, but also any act, whether by commission or omission, which has
fallen below the standards of conduct which is expected of members of the
profession. It also includes any act which is reasonably regarded as disgraceful,
dishonourable or unethical by medical practitioners of good repute and
competency.
Cases
There were two cases in this topic. The first case of this nature in Hong Kong was on 8 Nov 2004.- Dr. A was charged with the disciplinary offence, "that he, being a registered medical practitioner, made gratuitous and unsustainable comments about another registered medical practitioner, Dr. K, which undermined trust in her knowledge and skills...."
- The Council was satisfied that in relation to the facts alleged, he has contravened section 19.3 of the Professional Code and Conduct for the Guidance of Registered Medical Practitioners, and has been guilty of misconduct in a professional respect.
- The council ordered on 8 Nov 2004 that the name of Dr. A would be removed from the General Register for a period of three months, and that the Order be suspended for a period of two years.
- Second case was on 27 Jan 2005. Dr. T was charged with the following disciplinary offence: "That in the period between July and August 2002, Dr. T, being a registered medical practitioner, sent a document titled "xxx case presentation", which was prepared by him and which contained gratuitous and unsustainable comments about a registered medical practitioner Dr. Y's knowledge or skill, to a number of registered medical practitioners including oncologists, general practitioners and superintendents of hospitals; and such acts undermined the trust of Dr. Y's knowledge or skill by her professional colleagues with reference to section 19.3 of the Professional Code and Conduct.
- The Council was satisfied that in relation to the facts alleged, Dr. T has been guilty of misconduct in a professional respect.
- The Council ordered on 27 Jan 2005 that Dr. T would be reprimanded.
REFERENCES
陳沛然醫生議員上
Dr. Pierre Chan
18-7-2018
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