MEDICOLEGAL

Non-Sexual Boundaries in Medical Practice

Adapted from: Nerissa Ferrie, Avant (Dec 2024)


1. Treating Friends, Family, and Staff

  • 📌 Guideline Basis: Addressed in Good Medical Practice: A Code of Conduct for Doctors in Australia (Medical Board of Australia).
  • 🔸 The Code states: “Whenever possible, avoid providing medical care to anyone with whom you have a close personal relationship.”
  • ⚠️ Risks:
    • Loss of objectivity, bias in decision-making.
    • Difficulty managing adverse outcomes.
    • Higher likelihood of complaints when boundaries blur.
    • Allegations of favouritism or improper care from third parties.
  • Best Practice:
    • Politely decline requests for care from close contacts, referring them appropriately.
    • Document refusals and redirections for transparency.

2. Therapeutic Relationship Becoming Unhealthy

  • 👁️ Subtle warning signs often go unnoticed until too late.
  • 🚩 Warning signs of over-dependence:
    • Patient says:
      • “You’re the only one I trust.”
      • “No one else understands me.”
      • “I don’t know what I’d do if you weren’t my doctor.”
    • Multiple unscheduled appointments, excessive messaging.
    • Requests for support outside clinical issues (e.g., legal, emotional).
  • 🧠 Risks:
    • Burnout or emotional exhaustion for the doctor.
    • Inability to maintain therapeutic neutrality.
    • Missed objectivity in decision-making.
  • Management:
    • Reflect on whether the relationship still serves the patient’s best interest.
    • Discuss concerns with a colleague or supervisor.
    • Consider structured transfer of care if dependence is inappropriate.

3. When Advocacy Becomes Over-Involvement

  • 💬 Doctors are often asked to provide medical reports or letters (e.g., Centrelink, insurance, Family Court).
  • Common pitfalls:
    • Becoming overly invested in patient’s legal or personal conflict.
    • Writing emotive or biased reports that compromise professional objectivity.
    • Using advocacy language rather than clinical reasoning.
  • ⚖️ Consequences:
    • Potential AHPRA notification for unprofessional conduct.
    • Damage to medico-legal credibility in legal forums.
  • Best Practice:
    • Stick to objective clinical facts and professional opinions.
    • Avoid emotionally charged language or speculation.
    • Make clear the limits of your expertise and role.

4. Professional Behaviour Toward Colleagues

  • 🔹 Professionalism is expected even in disagreement.
  • ❌ Examples of boundary breaches:
    • Dismissing another doctor’s opinion rudely in front of patients.
    • Gossiping about colleagues in clinical settings.
    • Publicly criticising a peer’s management on social media or in notes.
  • 🛑 Consequences:
    • Erosion of trust in the profession.
    • Inter-collegial conflict and possible complaints to the regulator.
  • Management:
    • Use professional language even in disagreement.
    • Follow workplace escalation protocols if concerns about a colleague arise.
    • Address disagreements in private, not in front of patients.

5. Inappropriate Humour or Political Commentary

  • 🗣️ “The joke patients always laugh at” may not always land well.
  • 🧨 Risks:
    • Even if meant to ease tension, comments may be misunderstood.
    • Political or social opinions may be perceived as discriminatory or offensive.
    • Unconscious bias may surface unintentionally.
  • 🔎 Example:
    • A patient complains to AHPRA after taking offence to what the doctor considered a harmless comment.
  • Advice:
    • Avoid controversial topics unless clinically relevant.
    • Maintain neutrality and professionalism.
    • Use universal, non-offensive rapport-building strategies.

6. Oversharing Personal Information

  • 🧍‍♂️ Building rapport by sharing personal anecdotes may seem helpful, but can be problematic.
  • Examples of oversharing:
    • Talking about your own health problems or family issues.
    • Sharing frustrations about your workplace or other patients.
  • ⚠️ Consequences:
    • Shifts focus away from patient.
    • May encourage reverse emotional dependency.
    • Can impair therapeutic neutrality.
  • Safe practice:
    • If personal disclosure is used, ensure it is brief, purposeful, and clearly in the patient’s interest.
    • Avoid making the patient feel responsible for your emotional state.

🛡️ Summary: How to Maintain Healthy Non-Sexual Boundaries

Boundary AreaRiskRecommended Practice
Treating close contactsBias, complaintsRefer appropriately; avoid dual roles
Therapeutic over-dependenceBurnout, unbalanced careMonitor dynamics, seek supervision
Over-involved advocacyLegal riskStay factual and objective
Unprofessional inter-colleague conductComplaints, trust lossRespect, even in disagreement
Humour/politics in consultsOffence, complaintsKeep it professional and neutral
Oversharing personal storiesShifts focusShare only if brief and clinically relevant

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