LEGAL PRINCIPLE: MEDICAL LAW – Professional Conduct – Infamous Conduct – Meaning and Scope
PRINCIPLE STATEMENT
The term infamous conduct is wide. It is futile, in the absence of statutory definition limiting its ambit to restrict its meaning within the confines of a code of ethics... There are no closed categories of infamous conduct and in every case it must be a question for the committee to decide first whether the facts alleged have been proved and second whether the appellant was in relation to those facts guilty of infamous conduct in a professional respect.
RATIO DECIDENDI (SOURCE)
"The term infamous conduct is wide. It is futile, in the absence of statutory definition limiting its ambit to restrict its meaning within the confines of a code of ethics... There are no closed categories of infamous conduct and in every case it must be a question for the committee to decide first whether the facts alleged have been proved and second whether the appellant was in relation to those facts guilty of infamous conduct in a professional respect."
EXPLANATION / SCOPE
“Infamous conduct” is a wide term without closed categories. Without statutory definition limiting its ambit, it cannot be restricted within the confines of a code of ethics. The disciplinary committee must determine: (1) whether the alleged facts are proved; and (2) whether those facts constitute infamous conduct in a professional respect. The term is flexible to cover varying circumstances. The committee applies professional standards. The principle allows the profession to regulate itself without rigid statutory definitions. The committee’s decision is subject to judicial review for reasonableness. The term encompasses serious professional misconduct. The flexibility ensures evolving professional standards are respected. The committee must give reasons for its findings.