Adult safeguarding and confidentiality – disclosing information to the Office of the Public Guardian
Time to read article: 4 mins
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Knowing when you can disclose sensitive patient information is a notoriously complex area. Sarah Pickering, advisory case manager at Medical Protection, considers some recent queries from members regarding disclosures to the Office of the Public Guardian
Dying matters: medicolegal aspects of end-of-life care, DNACPR and organ donation
Time to read article: 2 mins
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To mark the Dying Matters national awareness week, between 13 and 19 May, Medical Protection asked nearly 400 members in the UK about their experiences on a number of issues such as DNACPR, organ donation and withdrawal of treatment.
Ask the expert: Is a patient’s son entitled to access his mother’s confidential information?
Time to read article: 2 mins
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Is the patient’s son entitled to access his mother’s confidential information? Where a patient lacks capacity clinicians should consider what action is in the patient’s best interests.
Ask the expert: Are we obliged to facilitate a request for CCTV footage of the practice car park?
Time to read article: 2 mins
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Are we obliged to facilitate a request for CCTV footage of the practice car park? You need to consider the confidentiality of other patients. Dr Rachel Birch, medicolegal consultant, answers a member’s query.
Being approached by the police can pose a dilemma: as a clinician, you have your own professional obligations. Dr Marika Davies, senior medicolegal adviser at Medical Protection, provides some clarity
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
Female Genital Mutilation (FGM) has been a criminal offence in the UK since 1985 and the legislation was re-enacted in the Female Genital Mutilation Act 2003. Five official reports on the subject have been published since November 2013 and MPS has produced this guidance for members.
The GMC states that “Whether or not you have vulnerable children or young people as patients, you should consider their needs and welfare and offer them help if you think their rights have been abused or denied.” Surgery consultations, home visits, accident and emergency admissions and contact with other professionals who work with children help to build up a picture of a child’s situation.
Confidentiality – Disclosures without consent - Wales
Time to read article: 6 mins
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Certain circumstances can mean you are obliged to disclose information about a patient, even if you do not have their consent; under other circumstances, disclosure may be justifiable. This factsheet gives you further information about these circumstances.
One incident can be investigated in a number of different ways – as a complaint, a clinical negligence claim, a criminal case, a disciplinary matter by your employer, a Coroner’s inquest or a complaint to the GMC.
Providing access to medical records is essentially a confidentiality issue; therefore, the starting point is whether or not the patient has consented to disclosure. If not, access should be denied, unless there is some other clear justification for allowing access.
Providing access to medical records is essentially a confidentiality issue; therefore, the starting point is whether or not the patient has consented to disclosure. If not, access should be denied, unless there is some other clear justification for allowing access.
Confidentiality is at the centre of maintaining trust between patients and doctors. As a doctor, you have access to sensitive personal information about patients and you have a legal and ethical duty to keep this information confidential, unless the patient consents to the disclosure, disclosure is required by law or is necessary in the public interest. This factsheet sets out the basic principles of confidentiality.
Communicating with patients by fax and email - England
Time to read article: 3 mins
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Electronic communication can provide a useful and alternative point of access for patients. However, you should ensure that, if sensitive information needs to be sent electronically, safeguards are in place to avoid breaching patient confidentiality. This factsheet sets out the potential risks of electronic communication.
The GMC states that “doctors play a crucial role in protecting children from abuse and neglect”. Child maltreatment includes neglect and physical, sexual and emotional abuse. The following frequently asked questions are designed to advise MPS members what to do and who to contact, should they suspect children are at risk of, or are experiencing, harm.
The General Medical Council (GMC) guidelines Doctors’ use of social media establish the standards expected from every doctor practising in the UK. The guide details the principles of conduct for using social media and explains how doctors can put these principles into practice.
Supplementary GMC guidance to Confidentiality (2009) contains information for healthcare professionals on what to do when reporting gunshot and knife wounds.
Good doctors apply clinical knowledge in a way that is legally and ethically correct – but all doctors can slip up. Here are survival tips for the top five medicolegal risks for junior doctors, writes Charlotte Hudson
The sooner you call MPS about an ethical or legal dilemma, the sooner the matter can be resolved. Professor Carol Seymour, Dr Tom Mosedale, Dr Richard Brittain and Sara Williams explore how and why Collateral-damage foundation doctors get into troubleCollateral-damage foundation doctors get into trouble
Fred had been my patient for a few years but died in November 2011. Fiona, who is the eldest daughter of Fred, is also my patient and was her father’s main carer. Fred was due to take a holiday over Christmas in 2011, so Fiona wanted to cancel the holiday and make a claim on the holiday insurance policy that Fred took out in December 2009.
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With Medical Protection you can save up to 50% on your first year of newly qualified GP (NQGP) membership and up to 30% in your second year of practice. Get the protection your career deserves and the support you need as an NQGP.
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.
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.
Initiatives to transform the NHS are changing the way GPs and consultants work. At-scale arrangements are increasingly common and clinical contracts are frequently delivered through private organisations and limited companies.
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