Professional sexual misconduct as a breach of trustworthiness: a moral typology of doctors who have engaged in professional sexual misconduct

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Date
2012
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Melbourne Authors
Affiliation
Medicine, Dentistry & Health Sciences, Department of Psychiatry & Department of Philosophy
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PhD thesis
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Morton, K. (2012). Professional sexual misconduct as a breach of trustworthiness: a moral typology of doctors who have engaged in professional sexual misconduct. PhD thesis, Medicine, Dentistry & Health Sciences, Department of Psychiatry & Department of Philosophy, The University of Melbourne.
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© 2012 Dr. Katinka Morton
Abstract
The importance of trustworthiness in the medical profession seems obvious and beyond question. Despite the importance of trustworthiness for the medical profession, there is no established understanding of what the standards of trustworthiness must be in the context of the doctor – patient relationship. If the medical profession does not hold a shared understanding of the expectations of trustworthiness and its standards, the community it serves certainly cannot. An established understanding of trustworthiness is necessary as both a normative standard, and as a basis for understanding the ways in which professional misconduct deviates from the standards expected of the medical profession. I consider philosophical examinations of trustworthiness, and conclude that it is only those versions of trustworthiness which require regard for the preferences of the truster, and an ability to communicate the limits of their own trustworthiness in the trustee that are appropriate for the medical profession. I accordingly define standards of trustworthiness as they must be considered for the medical profession. Professional sexual misconduct and the ways that professional sexual misconduct is understood as a failure of professional conduct are examined. I argue that existing moral frameworks, which are based upon an understanding of professional sexual misconduct as a failure of informed consent, are problematic. I argue that professional sexual misconduct is readily understood as a breach of trustworthiness, and examine the ways that professional sexual misconduct breaches standards of trustworthiness. I therefore propose the Framework for Trustworthiness in Doctors, which demonstrates potential moral implications of different forms of professional sexual misconduct. Finally, I demonstrate application of the Framework for Trustworthiness in Doctors to four cases of professional sexual misconduct. I argue that application of this Framework has utility in considering such cases, and reflects the mandate of the Medical Board of Australia as well as reasonable community expectations. I conclude by proposing other potential uses for the Framework, and the research necessary to justify these applications.
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Keywords
psychiatric ethics, professional misconduct