A TALE OF TWO DOCTORS: A COMPARISON OF THE DEKKER AND NITSCHKE CASES
I presented this paper at the Britain Pacific Medical & Legal Conference at The University of London on 5 January 2015. In it I compare the high profile case studies of two medical practitioners in the Australian jurisdiction. I co-authored this paper which sets out key moments in a twelve year time-frame from 2002 to 2014 and contrasts the treatment by The Medical Board of Australia of two practitioners in order to re-pose the question of what constitutes improper and/or infamous conduct for medical practitioners.
Dr Leila Dekker has faced ongoing legal pursuit and recurring court courses over a 12 year period where her legal obligations as a medical practitioner at the scene of an accident were scrutinised. Dekker was accused of ‘improper conduct in a professional respect’ however after 12 years and various legal battles all accusations were finally dismissed.
I draw comparisons with this approach to this case of Dr Dekker, and with Dr Philip Nitschke. Dr Nitschke has instructed various persons in how to commit suicide, despite the fact that aiding and abetting suicide or counselling someone to commit suicide is a crime in Australia. There are many documented cases of suicide via the means promoted by Dr Nitschke, with Dr Nitschke having admitting to supporting these suicides, and instructing some of the individuals who have taken their own lives. In the same twelve year period in which Dekker suffered a trail of both criminal and medical prosecutions for not rendering assistance following a rural night car accident, Nitschke was not prosecuted once despite consistently flouting the law and leaving a trail of dead in his wake.
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