2.2. Poor professional performance, as defined in the Medical Practitioners Act 20071, means a failure by the practitioner to meet the standards of competence (whether in knowledge and skill or the use of knowledge and skill or both) that can reasonably be expected of medical practitioners practising medicine of the kind practised by the practitioner. This has been interpreted by the Supreme Court to mean a “serious failure”2. 2.3. As a doctor, you should be aware that complaints may be made against you to the Medical Council under the Medical Practitioners Act 20073. There are a number of grounds on which complaints can be made, such as: •
professional misconduct,
•
poor professional performance, including complaints about unacceptable behaviour or poor communication, a physical or mental disability, including addiction to alcohol or drugs, which may impair the doctor’s ability to practise medicine or a particular aspect of medicine,
•
a failure to comply with a condition imposed by the Council, or with an undertaking made to the Council, or to take an action which has previously been agreed with the Council,
•
a contravention of the Medical Practitioners Act 2007 or of the regulations or rules made under it, or
•
a conviction in the State for an offence where the accused has a right to a jury, or a conviction outside the State for an offence that, if committed in the State, would constitute such an offence.
Medical Practitioners Act 2007 available on our website at http://www.medicalcouncil.ie/About-Us/Legislation/Medical-Practitioners-Act-2007.pdf 2 See Corbally -v- Medical Council & Ors [2015] IESC 9 3 Medical Practitioners Act 2007 s57 1
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Chapter 1 - Purpose of the guide