Frequently Asked Questions
The Medical Council’s Guide to Professional Conduct and Ethics encourages the use of Chaperones for intimate examinations. Ideally a chaperone should be a specially trained member of staff to ensure that the person being provided the care, as well as the practitioner, are comfortable, feel safe, have privacy, security and dignity during any examination or procedure. A chaperone should stand in a location where he/she can observe what is happening and act as a witness of the intimate examination. This is to ensure it is completed correctly and safely for both parties involved. See our Chaperone section for more information. https://www.medicalindependent.ie/comment/medico-legal/chaperones-a-timely-reminder/
Sexual misconduct by a medical professional can be something as simple as behaviour or remarks of a sexual nature towards the patient, to inappropriate touching, of a sexual nature. On a more serious level, it can involve inappropriate sexual relations, including sexual intimacy between a person accessing care and their caregiver, to requesting sexual favours in return for medical treatment or medicine.
Practitioner misconduct involves crossing the line (often called boundary violations) between being a professional caregiver and taking personal advantage of a person accessing health care provision, which in and of itself puts the patient or care receiver in a more vulnerable situation. Some examples of behaviour that can lead to practitioner misconduct are:-swapping personal contact details; giving gifts to the patient; keeping secrets with the patient; discussing personal private matters unrelated to a patient's care; switching assignments to care for a specific patient. While none of the above actions is wrong, they can lead to boundary violations and, eventually, sexual misconduct
Sexual Abuse by healthcare and medical practitioners is defined more broadly than Sexual Abuse under criminal law. Medical and healthcare practitioners are accountable for putting the needs of health service users first. Safe patient care is the only goal of the caregiver-practitioner relationship. Consent to sexual activities by anyone accessing health care services is immaterial. The obligation for safe health care provision is ultimately with the medical and healthcare professional.
Ensuring a culture of safety and vigilance in health care provision requires an environment where people have the confidence to report Sexual Abuse or sexual misconduct concerns, and trust that concerns will be addressed immediately by relevant managers. If you feel uncomfortable reporting to your management, you can report to us and we can help you file a complaint.
As part of its aim of protecting the public, the Nursing and Midwifery Board of Ireland is legally responsible for considering complaints against nurses and midwives. If you are nervous about making a complaint due to the repercussions of your colleagues, management team or the Nursing & Midwifery Board of Ireland talk to us first. Alternatively, complaints can be made directly to https://www.nmbi.ie/Complaints/Making-a-Complaint
