General confidentiality principles as advised by medical defence organisations
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All doctors know that maintaining confidentiality is an important part of building up trust with patients. Here, Dr Stephanie Bown examines the medicolegal aspects of confidentiality
Provision of medicolegal reports/acting as a medicolegal expert
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If you are a doctor and want to practise medicine in the UK, you need to hold GMC registration with a licence to practise. Given this requirement, we have carefully considered the appropriate criteria we require of members who produce medicolegal reports and/or act as a medicolegal expert.
Duty of candour for GPs and dental practitioners - England
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The duty, which was introduced by the government through regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, applies to NHS organisations such as trusts and foundation trusts, to secondary care clinicians, and to bodies including GP practices, dental practices and care homes.
This Essential Guide to Clinical Management was produced as a resource for Medical Protection members in the UK. It is intended as general guidance only.
Media scrutiny of you and your practice of medicine could put your personal and professional reputation at risk. The MPS Press Office is staffed by communications professionals experienced in dealing with the media.
Consent is a fundamental principle of medical law. The basic rule is simple: no-one has the right to touch anyone else without lawful excuse and if doctors do so it may well undermine patients’ trust.
General Practice remains one of the most popular of all the specialties, with about a quarter of all candidates ranking it as their top choice, and more than half likely to apply for it as one of their choices for specialty training.
Chapter 1: Medical Professionalism - What do we mean?
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As a collective whole, doctors are regarded as “professionals” both by the public and by their peers. They remain the most trusted profession among the public, which has been the case for many years. Individually, some doctors may fall short of the mark. But what do we mean by professionalism? And how much bearing does this definition have on the behaviours expected of a doctor? Firstly, we need to be clear about exactly what a profession is.
Today’s doctors are working in a constantly evolving environment, where many of the old expectations regarding the role of doctors, nurses and patients are being replaced by new ones. The roles themselves are changing – doctors are clinicians, leaders, teachers, managers, commissioners and purchasers of services.
Any doctor who specialises in a particular field would be expected to keep up-todate in that area. This would apply to all fields of medicine. Surgeons with a special interest would be expected to keep up-to-date with developments both in the field of general surgery and their area of special interest.
Patient A: I’ve got a very good GP now, I have got a GP who actually knows what fibromyalgia is, he’s prepared just to sit and listen, he listens a lot, he’ll let me try new medications, obviously because of my science background I probably know more about fibromyalgia than he does because I read so much in research papers, but he’s very willing to let me be a guinea pig and to work with me, which I think is important with a doctor/patient relationship, you’ve got to work on this path of chronic pain together.
It is one of the great ironies that healthcare professionals are, generally, poor at taking care of their own health. Yet it is one of the core set of guidelines in Good Medical Practice that you have a responsibility to look after your health - if not for your own sake, then at least for your patients.
Honesty and integrity are central to probity and define how any professional person should act: being upstanding and law-abiding, and respectful of the trust placed in you by others.
The GMC's expectations on relationships with patients
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Around 7% of allegations heard at fitness-to-practise hearings in 2011 were with regards to relationships with patients. As a doctor’s profession is defined by the duty of care to patients, it follows that standards of professionalism are entwined with the strength of the relationship between doctor and patient.
Professionalism - The GMC's expectations on working with colleagues
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It is perhaps an understatement to say that teamwork is integral to the safe delivery of care within medicine, and the professional approach to good teamwork centres on good communication, mutual respect for others and proactively responding to any deficiencies in the team.
The GMC and the doctor in question are both invited to attend. The GMC is normally represented at the hearing by a barrister and the doctor is usually present and legally represented. Both parties may call witnesses to give evidence, who may be crossexamined by the other party. The Panel may also put questions to the witnesses.
The government is introducing a new criminal offence for healthcare workers who wilfully neglect or ill-treat patients. The new offence may seem uncontentious but, in practice, it could have significant unintended consequences that could negatively impact on the professional lives of all healthcare workers, including doctors.
The Medical Innovation Bill, promoted by Lord Saatchi, proposes legal protection for doctors who try novel treatments for patients for whom standard treatments are no longer effective. The Bill is currently undergoing further scrutiny in the House of Lords.
Public exposure from complaints and claims can cause doctors to face a trial by media. In 2011, a UK GP was accused of sexually motivated conduct when he examined a patient’s chest – he shares his experience with Sara Dawson
The Olympic Games is a major event in the world’s sporting and cultural calendar. Almost inevitably, a number of Medical Protection members may be travelling to Brazil to attend the Rio do Janeiro Games.
The Care.data programme that was due to be rolled out in 2014 was delayed following criticism of the way the information campaign supporting it was implemented.
Being subject to a complaint or investigation can be distressing and stressful. Our video series shows how Medical Protection will continue to provide you with personal support, advice and representation for a whole range of medicolegal concerns, protecting your career and reputation.
Our professional development courses are available when and where it suits you. From short online courses to face to-face-workshops, discover a range of CPD courses included in your membership.
Read real-life cases of complaints, claims and clinical negligence taken from our archives.
Chosen to give you clear learning points to help you avoid similar situations and reduce your risk, the cases also feature advice from medicolegal experts.
You'll notice a few things have changed on our website. After asking our members what they want in an online platform, we've made it easier to access our membership benefits and created a more personalised user experience.
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