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Gisborne Hospital Report - Health and Disability Commissioner

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<strong>Gisborne</strong> <strong>Hospital</strong> 1999 – 2000<br />

Introduction <strong>and</strong> Environment<br />

The Chief Executive did, however, agree that THL “similarly to all health care<br />

providers, can still improve its relationship with Maori”.<br />

4.9 The New Zeal<strong>and</strong> Public <strong>Health</strong> <strong>and</strong> <strong>Disability</strong> Act 2000 provides mechanisms<br />

for District <strong>Health</strong> Boards to enable Maori to contribute to decision making<br />

on, <strong>and</strong> to participate in the delivery of, health <strong>and</strong> disability services.<br />

4.10 I believe that the Tairawhiti District <strong>Health</strong> Board needs to respond to the<br />

themes as well as the specific issues raised at the hui. Accordingly, I am<br />

delivering to Tairawhiti District <strong>Health</strong> Board a copy of the hui reports<br />

prepared by my investigation team, for the Board’s consideration.<br />

5. OPINION<br />

5.1 As stated by the Privy Council in Roylance v General Medical Council [1999]<br />

3 WLR 541, 559, “the care, treatment <strong>and</strong> safety of the patient must be the<br />

principal concern of everyone engaged in the hospital service”.<br />

5.2 It is notable that staff at <strong>Gisborne</strong> <strong>Hospital</strong> appeared to be diverted from being<br />

totally focused on patients. Patients were very rarely mentioned in interviews<br />

with staff. While there was an underlying theme of concern for the patients,<br />

the staff interviewed by my investigation team did not present the patients as<br />

their first concern.<br />

5.3 Management <strong>and</strong> staff relations at THL contributed to an endemic atmosphere<br />

of distrust. This level of distrust got in the way of the organisation embracing<br />

change <strong>and</strong> moving forward. The result was that sensible <strong>and</strong> forward looking<br />

plans became stymied for the wrong reasons.<br />

5.4 I endorse the following statement of Professor Grant Gillett:<br />

“<strong>Health</strong> care managers have a duty to provide the conditions in which<br />

clinical activity can flourish <strong>and</strong> provide maximal benefit to the<br />

maximum number within certain fiscal constraints.”<br />

(Gillett, G, Gastrogate: The ethical responsibilities of doctors <strong>and</strong><br />

administrators. NZ Medical Journal 2000;113:232-233)<br />

5.5 Conversely, although clinicians owe their primary duty of care to their own<br />

patients, if they work within a hospital service they have a duty of loyalty to<br />

their employer. These duties should not conflict. Clinicians should be vigilant<br />

to ensure that patient care is not compromised, but they should as far as<br />

possible support the organisational endeavour to provide health services of an<br />

appropriate st<strong>and</strong>ard.<br />

5.6 There is a need for ethical leadership both professionally <strong>and</strong> managerially<br />

within the restructured New Zeal<strong>and</strong> public health <strong>and</strong> disability system (cf<br />

Bryson, J, How should our public hospitals respond to increasing ethical<br />

challenges? NZ Medical Journal 1999;112:47-49).<br />

18

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