Case Analysis: Professionalism and Ethical Violations in Healthcare

This case study analyzes a real-world scenario involving a registered physiotherapist who was found guilty of professional misconduct. The physiotherapist recorded female patients, including children, without their consent, violating patient privacy and the code of conduct set by the Physiotherapy Board of Australia. The case details the offenses, legal consequences, and ethical breaches, including making child exploitation materials. The physiotherapist's actions led to criminal convictions, loss of registration, and restrictions on future practice. The analysis highlights the importance of ethical conduct, patient confidentiality, and the consequences of violating professional standards within healthcare. The case underscores the need for healthcare professionals to prioritize patient well-being, maintain appropriate boundaries, and adhere to legal and ethical guidelines. References to relevant codes of conduct and ethical principles are included.

Student Name Student Number
Assessment Task 1 – Being Professional

Student Name Student Number
Case URL
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCAT//2019/161.html
Case Summary
The case presents a registered physiotherapist who was found guilty for recording female patients during
physiotherapy sessions including children while undressing in the treatment room. The respondent was caught
with ‘upskirt' videos which he recorded other women at the shopping center. The respondent was convicted for
criminal offenses and his conduct making him lose his registration as a physiotherapist. The respondent was
convicted due to two major offenses which included making child exploitation materials and recording in breach of
privacy. The respondent used to put a hidden camera in the dressing room in order to record female patients
including children while they were undressing for personal sexual grafitication. The physiotherapist misconduct
was discovered by an 18 years old female on 3rd November 2015. The patient discovered that the phone was put in
a very suspicious position while she was undressing in the treatment room. She took the phone and realized that
she was recorded for the past 10 to 15 minutes. The patient left without raising questions and reported the case to
the police. After the incidence, the repondent deleted the videos in order to destroy the evidence.
Later, the police seized his house and found ‘up skit ‘ videos in the respondent computer which were recorded
in February 2011. The responded admitted to having committed the crimes apologized and requested
psychological interventions. On 8th August 2017, the respondent was sentenced for two years six months and
concurrent imprisonment of six months for an operational period of three years. Due to professional misconduct,
the respondent was disqualified for applying for registration for three years and six months and permanently
prohibited from providing specialized care to any female or male under 18 years either in a clinical or non-clinical
capacity.

Student Name Student Number
According to the Physiology Board of Australia, the physiotherapist is legally obligated to protect the privacy of
individuals receiving or requiring care. In addition to that, a physiotherapist is supposed to provide appropriate
surroundings that enable confidential, safe and quality consultations(Physiology Board Of Australia, 2019). The
respondent misused his position as a physiotherapist as he did not follow the right codes of professional conduct.
Instead, the respondent recorded patients using mobile phones without seeking consent which was against
professionalism. The code of conducts for healthcare professionals provides that physiotherapist or any medical
profession should comply to the with legal legislation, policies, and procedures that related to patient problems
and not for the personal gratification or benefits(Imran, Haider, Jawaid, & Mazhar, 2014). Anything done to the
patient should go hand in hand with ethical principles. The codes of ethics provide that patients are subjected to
the principles of beneficence and no harm which the respondent did not follow(Butts & Rich, 2013). The recordings
of women while undressing provided more psychological harm to patients after realizing there was a breach of
privacy.
Due to such behaviors, the physiotherapist did no longer fit to provide services anymore. He broke the trust
between him and the patience especially parents who had taken their children for treatment. Health care
professionals are expected to place the interest of the wellbeing of children first and ensure they treat children and
patients with respect, honesty, and integrity(International Council of Nurses, 2012). The respondent did not adhere
to such professional conduct. Besides, the respondent fails to understand the need for boundaries that could bring
potential risks, conflicts complexities while providing care. The respondent knew he had a psychoogical problem
but still he did not seek medical advise. Therefore, the tribunal did not find that as enough excuse for
disqualification.

Student Name Student Number
References.
Butts, J. B., & Rich, K. L. (2013). Ethics in Professional Nursing Practice. Nursing Ethics Across the
Curriculum and Into Practice, 69–98. https://doi.org/10.1111/j.1552-6909.1979.tb00973.x
Imran, N., Haider, I. I., Jawaid, M., & Mazhar, N. (2014). Health ethics education: Knowledge,
attitudes and practice of healthcare ethics among interns and residents in Pakistan. Journal of
Postgraduate Medical Institute.
International Council of Nurses. (2012). The ICN Code of Ethis for Nurses. In
International Council of Nurses. https://doi.org/10.1097/00000446- 200110000-00029
Physiology Board of Australia, (2019) Code of Conduct. Retrieved from,
https://www.physiotherapyboard.gov.au/Codes-Guidelines/Code-of- conduct.aspx