Exploring the Why of Psychologist Misconduct and Malpractice: A Thematic Analysis of Court Decision Documents

Objective: To identify reasons for misconduct and misconduct amongst Australian psychologists. Method: During the 5‐year period from 2008 to 2013, 42 psychologists across 41 cases were found guilty of misconduct and malpractice by civil and administrative courts across Australia. The court decision documents were analysed using Braun and Clarke’s ( 2006 ) qualitative methodology to explore themes relating to the court’s objective, the psychologist’s subjective, and the authors’ interpretive causal reasons transgressing psychologists engaged in misconduct and malpractice. Results: Explanations given by psychologists for misconduct and malpractice behaviours included the use and abuse of legal and illicit substances, addiction behaviours, and impairment due to mental disorder or unresolved trauma. A number of other reasons identified by the courts and by the authors from the evidence cited in the published court decision documents are also discussed. Possible contributing factors for why misconduct and malpractice behaviours occurred coalesced into three themes: the externalisation of responsibility for personal actions and behaviours, a lack of objectivity concerning why such behaviours occurred, and an inability to understand how personal circumstance affected the provision of ethical services to clients. Conclusion: (a) The complexity of situations and scenarios surrounding psychologist malpractice can be simplified for the benefit of designing interventions by applying Glass’ ( 2003 ) concept of the “slippery slope.” (b) Court records have benefit as detailed data, but could be augmented for greater value with a simple and easily completed additional coversheet of background and demographic data.     

Boundaries in the doctor-patient relationship

Boundaries in the doctor–patient relationshipis an important concept to help healthprofessionals navigate the complex andsometimes difficult experience between patientand doctor where intimacy and power must bebalanced in the direction of benefitingpatients. This paper reviews the concept ofboundary violations and boundary crossings inthe doctor–patient relationship, cautions aboutcertain kinds of boundary dilemmas involvingdual relationships, gift giving practices,physical contact with patients, andself-disclosure. The paper closes with somerecommendations for preventing boundaryviolations.     

Misconduct in science and the german law

In the past, only norms and rules developed for other types of illegal activities could be applied to misconduct in science in Germany. But only particularly blatant cases of misconduct can be dealt with efficiently in this way. Nowadays, a couple of very important funding agencies and research institutions have enacted special procedures that apply in cases of suspected scientific misconduct. A strongly decentralised system of dealing with misconduct in science is being established in Germany. An earlier version of this paper was presented at a symposium, Scientific Misconduct. An International Perspective, organised by The Medical University of Warsaw, 16 November, 1998.     

MORTALITY,INTEGRITY, AND PSYCHOANALYSIS (WHO ARE YOU TO ME? WHO AM I TO YOU?)

The author narrates her experience of mourning her therapist's sudden death. The profession has neglected implications of the analyst's mortality: what is lost or vulnerable to loss? What is that vulnerability's function? The author's process of mourning included her writing and her becoming an analyst. Both pursuits inspired reflections on mortality in two overlapping senses: bodily (the analyst is mortal and can die) and character (the analyst is mortal and can err). The subject thus expands to include impaired character and ethical violations. Paradoxically, the analyst's human limitations threaten each psychoanalytic situation, but also enable it: human imperfection animates the work. The essay ends with a specific example of integrity.     

Serious Ethical Violations in Medicine: A Statistical and Ethical Analysis of 280 Cases in the United States From 2008–2016

Serious ethical violations in medicine, such as sexual abuse, criminal prescribing of opioids, and unnecessary surgeries, directly harm patients and undermine trust in the profession of medicine. We review the literature on violations in medicine and present an analysis of 280 cases. Nearly all cases involved repeated instances (97%) of intentional wrongdoing (99%), by males (95%) in nonacademic medical settings (95%), with oversight problems (89%) and a selfish motive such as financial gain or sex (90%). More than half of cases involved a wrongdoer with a suspected personality disorder or substance use disorder (51%). Despite clear patterns, no factors provide readily observable red flags, making prevention difficult. Early identification and intervention in cases requires significant policy shifts that prioritize the safety of patients over physician interests in privacy, fair processes, and proportionate disciplinary actions. We explore a series of 10 questions regarding policy, oversight, discipline, and education options. Satisfactory answers to these questions will require input from diverse stakeholders to help society negotiate effective and ethically balanced solutions.     

Stimulating ethical awareness during training

This paper argues for a preventative approach to ethical violations through developing and maintaining ethical awareness in training and in the group life of each society. Rather than teaching ethics as a theoretical subject, a method is proposed that encourages direct personal confrontation with ethical dilemmas through the consideration of key examples, in the Talmudic manner. This develops ethical 'muscles' and allows candidates to explore the dilemmas of what Primo Levi called the 'grey zone' where the boundaries between good and bad are unclear. Several illustrations of such ethical dilemmas are described, as used in workshops that the author has run in several societies and developing groups. In this way, ethical awareness becomes part of the group life of the society so that analysts become an ethical resource for each other.     

A Review of the Types of Scientific Misconduct in Biomedical Research

Biomedical research has increased in magnitude over the last two decades. Increasing number of researchers has led to increase in competition for scarce resources. Researchers have often tried to take the shortest route to success which may involve performing fraudulent research. Science suffers from unethical research as much time, effort and cost is involved in exposing fraud and setting the standards right. It is better for all students of science to be aware of the methods used in fraudulent research so that such research can be detected early. Biomedical research is one area that seems to have attracted maximum numbers of fraudulent researchers; hence this article devotes itself to biomedical research scenario.     

An Examination of Academic Misconduct Intentions and the Ineffectiveness of Syllabus Statements

This experiment uses quantitative and qualitative measures to address the effect of two syllabus statements on academic misconduct: one based on prohibitions and one on academic integrity. Students expressed favorable attitudes toward the statements, showed an increase in guilt compared to a control group, but showed no decrease in intentions to cheat. Including only a standard academic misconduct statement in one's syllabus is not sufficient to alter behavior, which should be acknowledged by faculty.     

Psychological Patterns Among Roman Catholic Clergy Accused of Sexual Misconduct

A remarkable amount of international attention has focused on the sexual misconduct by Roman Catholic clergy in recent years. While the demographics and risk factor profiles of clergy sex offenders is now fairly well established, the psychological and personality profiles of these men are not. Very few empirical research studies have been published on the psychological and personality functioning of clergy who engage in sexual misconduct in the Catholic Church. The purpose of this study was to investigate the psychological profiles of 21 Roman Catholic clergy who have confronted credible accusations of sexual misconduct. Relative to national norms, MMPI-2 results suggest that these men tend to have profiles that were defensive, repressive, mistrustful, isolative, and irritable. Precautions and limitations of the current study, as well as implications for future research are offered.     

The Ethics of Type 1 Diabetes Prediction and Prevention Research

There are approximately one million cases oftype 1 diabetes in the US, and the incidenceis increasing worldwide. Given that two-thirdsof cases present in childhood, it is criticalthat prediction and prevention research involvechildren. In this article, I examine whethercurrent research methodologies conform to theethical guidelines enumerated by the NationalCommission for the Protection of Human Subjectsof Biomedical and Behavioral Research, andadopted into the federal regulations thatprotect research subjects. I then offer twopolicy recommendations to help researchersdesign studies that conform to these ethicalrequirements.     

Cognitive Enhancement and Academic Misconduct: A Study Exploring Their Frequency and Relationship

We investigated the acceptability and use frequency of cognitive enhancement medication and three different types of academic misconduct (plagiarism, cheating, and falsifying/fabricating data). Data collected from a web-based survey of German university students were used in our analysis. Moral acceptability of cognitive enhancers was relatively low and moderate for academic misconduct. The correlation between these measures was moderately weak. The use frequency of cognitive enhancers was lower than for academic misconduct and was (very) lightly correlated with the occurrences of reported plagiarism and fabrication/falsification. A higher acceptability of each act was associated with a higher use frequency of each act.     

Understanding Transference and Countertransference

Abstract

Professional misconduct-especially misconduct involving client-worker boundary violationsgenerates serious costs for clinical social workers. It harms the very clients we aim to help; it frequently tarnishes the reputation of not only the individual social worker involved but also the face of the entire profession; and, it adds significantly to the overall costs of malpractice insurance. This paper defines the scope of the problem and provides support for understanding transference and countertransference as important contributors to prevention.     

Mentoring and Research Misconduct: An Analysis of Research Mentoring in Closed ORI Cases

We are reporting on how involved the mentor was in promoting responsible research in cases of research misconduct. We reviewed the USPHS misconduct files of the Office of Research Integrity. These files are created by Institutions who prosecute a case of possible research misconduct; ORI has oversight review of these investigations. We explored the role of the mentor in the cases of trainee research misconduct on three specific behaviors that we believe mentors should perform with their trainee: (1) review source data, (2) teach specific research standards and (3) minimize stressful work situations. We found that almost three quarters of the mentors had not reviewed the source data and two thirds had not set standards. These two behaviors are positively correlated. We did not see convincing evidence in the records that mentors were causing stress, but it was apparent in the convicted trainees' confessions that over 50% experienced some kind of stress. Secondary data, while not created for this research purpose, allows us to look at concrete research behaviors that are otherwise not very researchable. We believe it is important for mentors and institutions to devote more attention to teaching mentors about the process of education and their responsibilities in educating the next generation of scientists. This becomes a critical issue for large research groups who need to determine who is in charge educating, supervising and assuring data integrity.     

Scientific misconduct and science ethics: a case study based approach

The Schön misconduct case has been widely publicized in the media and has sparked intense discussions within and outside the scientific community about general issues of science ethics. This paper analyses the Report of the official Committee charged with the investigation in order to show that what at first seems to be a quite uncontroversial case, turns out to be an accumulation of many interesting and non-trivial questions (of both ethical and philosophical interest). In particular, the paper intends to show that daily scientific practices are structurally permeated by chronic problems; this has serious consequences for how practicing scientists assess their work in general, and scientific misconduct in particular. A philosophical approach is proposed that sees scientific method and scientific ethics as inextricably interwoven. Furthermore, the paper intends to show that the definition of co-authorship that the members of the Committee use, although perhaps clear in theory, proves highly problematic in practice and raises more questions that it answers. A final plea is made for a more self-reflecting attitude of scientists as far as the moral and methodological profile of science is concerned as a key element for improving not only their scientific achievements, but also their assessment of problematic cases.     

A survivor's account of sexual exploitation by a Jungian analyst

This essay explains the ramifications of sexual exploitation in the context of Jungian analysis. It argues that misuse of work specifically framed as Jungian can cause severe, deep, and long-lasting harm. It suggests that Jungian professionals strengthen and increase the scope of their actions to deter rogue colleagues from exploiting their analysands.     

Exploring Power and Gender Issues Emergent in an Institutional Workshop on Preventing Clergy Sexual Misconduct

The Eastern Synod of the Evangelical Lutheran Church in Canada (ELCIC) sponsors the Crossing the Boundaries (CTB) workshop, a program that focuses on the maintenance of appropriate boundaries in clergy-congregant relationships as a means to prevent clergy sexual misconduct. Drawing primarily on an analysis of the synod-sanctioned workshop materials, an observation of the workshop, and interviews with 10 pastors who have attended the workshop, this paper explores differing conceptions of power and gender held by the synod officials and workshop participants.