• Subject Name : General Law

The Good Medical Practice Code

The Good medical practice code describes the rules and procedure that has to be followed by all the doctors that are practicing in Australia. The code supports the Australian medical Association of ethics and also a declaration of Geneva and the international code of medical ethics.[1] The code sets out the principles that were previously framed in a better way to improve the standards of ethical and professional conduct that are expected from a doctor at the course of his or her duty. As per Section 1.2 of the code, this code is helpful in supporting the doctors in the task of providing good medical facilities and a guide to tackle their judgments.[2] Section 3.2(3) of the code deals with Doctor- Patient Partnership; explain the relationship between Doctor and his patient. The section states that the doctor under his professional conduct is bound to protect the privacy and the confidentiality of the patient unless the disclosure or the release of the information is required or needed by law or for the sake of public-interest considerations. The national health and Medical Research Council (NHMRC) defined confidentiality of one person not to use the other private or personal information for any other purpose which is allotted to them.[3] So, in the following situation also Nancy who was the patient told his doctor Ben that her son was not aware of the situation, his daughter was only aware of the situation and she did not want his Son to be informed about the condition of Nancy. Section 3.4 of the code talks about the confidentiality and privacy of a patient. It states that a patient can expect the doctor who is treating them to withhold information about the illness and health of the patient unless the release of information is required by the law or for some public good Therefore as per the code of good medical practice rules the doctor of Nancy, Ben cannot disclose her medical conditions with his son Mark. Section 8.11of the code is related to conflicts of interest. It states that a patient fully relies on the truthfulness and independence of a doctor at the time when they are taking advice from the doctor. Therefore when the interest compromises the doctor’s primary duty is to resolve the conflict for the best interest of the patient. Since Nancy trusted ben for her medical care and told her everything about her medical details and the problem that she is going through. So, section 8.4 of the same code provides that to maintain and prepare clear medical records is an important part to continue taking good care of the patient. Up to date, legible records are kept so that they can be used to treat the patient in case of any emergency that may occur in the future with the patient. In the case of Rogers’s v Whitaker it has been held that doctors have an obligation to adhere to reasonable standards of care to the patient.[4] If a doctor denies providing reasonable medical care to the patient then the deny can be referred to as professional misconduct. Section 6.2 of the code of medical state for the doctors practicing in the State of Australia suggests that a good medical practice from the risk management point of view involves being completely aware of the principles of open disclosure of the condition to the patient[5]. The code also specifies that a good medical practice involves taking all reasonable steps to ensure patient’s safety if the safety and the health of the patient are compromised. Therefore in the following case of Nancy also since Ben who is the Doctor of Nancy took notes of her condition during the course of her treatment and in case if her health deteriorates so he can also provide different other conditions and treatments to improve and ease her treatment because as a doctor is a statutory responsibility of a doctor to provide best treatment to the patient as per his knowledge and skill. Section 3.2 of the code describes that what the relationship between a Doctor and a patent be. The section stated that the doctor should be courteous, respectful, compassionate and honest for the patient that he is treating in the course of his duty the doctor should also protect the confidentiality of the patient and encourage the patient tin taking care of themselves and their health. Therefore the case of Nancy can be summarized as firstly Ben cannot disclose the medical condition of Nancy with Mark because Nancy told her not do the same and as per the code of Good medical practice: a code of conduct for doctors in Australia it is the duty to protect the confidentiality of the patient and secondly the doctor has the right to use extra treatment as it is the duty and the obligation of a doctor to provide with the best services to save the life of the patient.

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