The Health and Disability Commissioner is concerned by the disregard for consumer rights

21 September 2018

The Health and Disability Commissioner is concerned by the disregard for consumer rights outlined in a recent NZ Medical Journal article reporting on the experiences of 14 University of Auckland medical students in 2016.

The article reports that the 14 students carried out sensitive examinations of consumers without their consent.  The article reported that this was done under the supervision of senior doctors in unnamed locations. Other health practitioners may have been present during these examinations.

Health and Disability Commissioner Anthony Hill says informed consent is the foundation of all medical treatment. Sensitive examinations, in particular, require robust informed consent from the consumer.

“Any sensitive examination without consent is a breach of the Code of Health and Disability Consumers’ Rights and displays an astonishing disregard for consumer rights.”

Mr Hill says that to conduct examinations without consent is a disciplinary matter. 

“I expect any health practitioner or student who is aware that consent has not been given for an examination to speak up at the time.  The examination should not proceed until consent has been obtained. They should also report any such conduct to the relevant provider institution, the Medical Council of New Zealand or to my office directly.”

“Eradicating such behaviour requires clear leadership from senior doctors and nurses.  All practitioners have a legal obligation to comply with the Code of Rights and should role- model appropriate behaviour.  Students working with patients in clinical settings also have legal obligations under the Code of Rights.  I expect students to meet these obligations.  Students have my full support and endorsement to question and stop any examination if the patient has not given informed consent.” 

The Commissioner encourages anyone with knowledge of sensitive examinations having taken place without consent to contact the Office at 0800 11 22 33 or to make a complaint at www.hdc.org.nz

I commend the authors for bringing these issues forward.