Adjudication findings

Home > About The Society > Professional Conduct > Adjudication findings

An Adjudication Panel was convened on 11th September  2012 to hear a complaint that had been brought by a member of the public against Maria Jevtic RSHom

The complaint was upheld and the Panel found that Ms Jevtic’s treatment of the complainant had breached the Code of Ethics and Practice in respect of the following Paragraphs.

Section 1 – Key principles for practice

1.1      Put the individual needs of the patient first.

1.2      Respect the privacy and dignity of patients.

1.3      Treat everyone fairly, respectfully, sensitively and appropriately without
discrimation

1.4     Work to foster and maintain the trust of individual patients and the public.

1.5      Listen actively and respect the individual patient’s views and their right to
personal choice.

1.7    Comprehensively record any history the patient may give and the advice and treatment the registered or student clinical member has provided.

1.8    Provide comprehensive clear and balanced information to allow patients to make informed choices.

The Patient/Practitioner Relationship

Provision of Information

2.1 To ensure that the patient is always able to make informed choices with regard to their healthcare, registered and student clinical members must give full and clear information about their services when commencing homeopathic treatment. This will include written information about the nature of the treatment, charges, availability for advice, confidentiality and security of records

2.11 Records and record keeping

The homeopath must record the patient’s name, address, date of birth and telephone number, and the contact details of their GP on their record. If the patient is not registered with a GP this should be recorded.

All case notes, whether a result of electronic, telephonic or face-to-face consultations must be clear, legible, current, kept up to date and contain all the relevant information relating to the progress of the case, for example, treatment and any advice that has been given, whether the patient’s condition has improved, been maintained or deteriorated since they were last seen. This is important for patient care and essential should the registered or student clinical member at any time be involved in complaints or legal proceedings. All notes should be contemporaneous or completed promptly after a consultation (generally on the same day).

The notes should be kept for a minimum of eight years after the last consultation and, in the case of children, until their twenty-fifth birthday. [current NHS guidance]

Confidentiality and Disclosure

2.14 Confidentiality must be maintained at all times except where

  • The practitioner is compelled by an order of court or other legal authority. Only the information required under the order should be released.
  • It is necessary in the public interest. In such circumstances the duty to society overrides duty to the patient. This will usually happen when a patient puts themselves or others at serious risk.

 

Section 3 – Professional obligations

Competence and Continuing Professional Development

3.18 Evidence of continuing professional development will be taken into account when hearing allegations regarding a registered or student clinical members’ professional conduct or competence.

The following was  also compromised – (NOS) Performance  Criteria in CNH2, CNH15, CNH16 and CNH19 as well as Knowledge and Understanding in CNH15 and CNH19.

The Panel recommended a condition’s of practice order.
The recommendations of the Panel were ratified by the Board of Directors on
20th September 2012

An Adjudication Panel was convened on 13th July 2009 to hear a complaint brought against Ms. Alex Christie RSHom.

The panel found Ms. Alex Christie to have breached the Code of Ethics and Practice in respect of:

Para 6. It is important that patients are given information in a way that they can fully understand, and for all matters that concern them to be clearly explained.

Working to clear contracts: Para 8. Homeopaths practise with integrity and competence any skills other than homeopathy as they think appropriate, in the course of treatment. Prior to the first appointment, they shall make it clear to the patient concerned the nature of the treatment offered and indicate their relevant qualifications, membership of registering body and adherence to separate code of conduct for practice of such skills.

Avoiding Harm- Monitoring Competence: Para 12. Homeopaths are responsible for monitoring their competence and becoming aware of the necessity to consult with colleagues or to refer a patient to a suitably qualified and experienced practitioner.

Provision of Treatment: Para 22. When dealing with cases of a serious and possibly terminal nature, ensure that the patient is fully aware of the advisability of keeping their GP informed of their condition. Where possible and appropriate, ask the patient’s permission to write to their GP concerning progress.

Monitoring Competence:

Para 27. A competent homeopath identifies those occasions when a patient’s condition is:

  • Beyond the present limits of their clinical competence and expertise
  • Likely to receive more immediate, effective benefit from another form of treatment
  • Showing signs and symptoms suggestive of an underlying condition which requires referral for investigation and other medical diagnosis

Para 29. In that case the homeopath may provide the patient with sources of further information in order to encourage informed choice, and/or refer the case formally to another homeopath or other health care professional.

Patient Records: Para 35 All case notes should be clear and legible, and contain all the relevant information relating to the progress of the case. They shall enable a third party to have an understanding of the patient’s state at the time of a consultation; whether the patient has improved, maintained, or deteriorated in their condition since they were last seen. This is particularly important where the homeopath recognises the possibility of legal proceedings for e.g child protection, medical neglect, or malpractice issues.

Publicity and Advertising: Para 48. All advertisements should conform to the British Code of Advertising Practice.

Legal Obligations: Para 72 – To avoid making claims (whether explicit or implied; orally or in writing) implying cure of any named disease.

The Panel recommended to the Board of The Society of Homeopaths that Alex Christie be expelled from The Society with immediate effect. The Board ratified the recommendation of the Panel to be effective from the 6th August 2009.

An Adjudication Panel was held on the 13th February 2008 to hear a complaint brought against Mr. David Evans RSHom 23 Wibraham Road, Fallowfield, Manchester M14 6FG

The Panel found Mr. Evans to have breached the Code of Ethics and Practice in respect of:

Central Principles 2: Homeopaths practise their profession with integrity and dignity, being guided by ethical principles which inform their conduct towards, and care of, their patient.

Central Principles 3: Homeopaths owe a duty of care to patients and have regard for their wishes.

Central Principles 4: Homeopaths maintain the customary practice of keeping confidential all that the patient says, and all that is written in their case notes.

Including Para 77: To avoid disclosing any information concerning a patient to a third party without the patient’s written consent.

Para 81: Where contact is initiated by a member of the patient’s family, or a friend, or other person, to listen carefully to their concerns in an unprejudiced manner and act appropriately, without breaching confidentiality or contradicting the wishes of the patient.

Para 14: Maintaining appropriate boundaries Homeopaths, are responsible for avoiding exploitation of their patients financially, emotionally, sexually; or in any other way.

Para 17: Patients are entitled to a professional standard of practice and care. Essential elements of this are professional competence, good relationships with patients and colleagues, and observance of professional ethical obligations.

Para 35: All case notes shall be clear and contain all relevant information relating to the progress of the case. They shall enable a third party to have an understanding of the patient’s state at time of consultation; whether the patient has improved, maintained or deteriorated in their condition since they were last seen. This is particularly important where the homeopath recognises the possibility of legal proceedings for e.g. child protection, medical neglect, or malpractice issues.

Para 38: Maintenance of appropriate records

Para 49: Clear boundaries are to be observed by all parties to a therapeutic, educational, or supervisory relationship. Any form of emotional, intimate, or sexual encounter (however participants may regard it) is abusive; of the person, of power, and of trust. It is improper, unprofessional conduct not to be undertaken in any circumstances. It is never appropriate to enter into these categories of relationship with patient, student, or supervisee.

Including Para 50: It is a professional duty to avoid putting oneself in such a situation, and avoid any form of behaviour which might be adversely misconstrued.

Para 52: Where a patient, student, or supervisee is expressing feelings towards the homeopath, tutor, or supervisor which cause problems for the maintenance of professional boundaries and the professional- for whatever reason- is unable to resolve the situation in an acceptable manner the professional relationship is to be ended.

The Panel recommended to the Board of The Society of Homeopaths that Mr. David Evans be expelled from The Society with immediate effect. The Board ratified the recommendation of the Panel to be effective from 11th March 2008.