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.
Disclosures relating to patients unable to consent - Scotland
Time to read article: 4 mins
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You owe a duty of confidentiality to all your patients, past or present, even if they are adults who lack capacity. You may be asked to provide information from the medical records of patients who are incapable of giving consent, are aged under 16, or have died. This factsheet gives you further information about dealing with these circumstances.
The Procurator Fiscal and Fatal Accident Inquiries - Scotland
Time to read article: 5 mins
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If a death occurs in a violent or unnatural manner, in custody, or suddenly but without certain cause, the Procurator Fiscal has a duty to inquire into the death. This factsheet sets out the role of the Procurator Fiscal, the reporting process and what will happen once you have reported a death to the Procurator Fiscal.
Respect for patients’ autonomy is expressed in consent law; to impose care or treatment on people without respecting their wishes and right to self-determination is not only unethical, but illegal.
Respect for patients autonomy is expressed in consent law; to impose care or treatment on people without respecting their wishes and right to self-determination is not only unethical, but illegal.
Confidentiality - Disclosures relating to patients unable to consent
Time to read article: 4 mins
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You owe a duty of confidentiality to all your patients, past or present, even if they are adults who lack capacity. You may be asked to provide information from the medical records of patients who are incapable of giving consent, are aged under 18, or have died. This factsheet gives you further information about dealing with these circumstances.
The Care Act (2014) sets out the framework for local authorities to use (alongside health and social services)to protect adults considered at risk from abuse or neglect.
Making and using audio and visual recordings of patients can benefit medical training, research and treatment. However, it poses risks for doctors regarding consent and confidentiality. In addition, all recordings from which living individuals can be identified constitute personal data and are subject to the provisions of the Data Protection Act.
Reporting deaths to the Coroner - Northern Ireland
Time to read article: 6 mins
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If a death occurs in a violent or unnatural manner, in custody, or suddenly but without certain cause, a coroner has a duty to enquire into the death. This factsheet sets out the role of a coroner, the reporting process and what will happen once you have reported a death to the coroner.
Confidentiality – Disclosures relating to patients unable to consent - Northern Ireland
Time to read article: 4 mins
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You owe a duty of confidentiality to all your patients, past or present, even if they are adults who lack capacity. You may be asked to provide information from the medical records of patients who are incapable of giving consent, are aged under 18, or have died. This factsheet gives you further information about dealing with these circumstances.
Health charges for visitors and migrants - England
Time to read article: 3 mins
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The Immigration Act 2014 and recently updated regulations on charging overseas visitors for NHS care have led to changes in the way overseas visitors and migrants are charged for NHS care. Although mainly an administrative issue, there are key points that need to be understood by clinicians to ensure that patients are treated appropriately and their information is safeguarded.
Under the Misuse of Drugs Act (1971) and the Misuse of Drugs Regulations (2001), GPs have a responsibility for controlled drugs (CDs) within their practice. This factsheet highlights what you should be aware of when carrying, storing and recording controlled drugs.
The key to resolving many complaints is handling them early on at a local level. Terri Bonnici, MPS medical complaints adviser, presents a case study showing what could happen if you don’t get to grips with a complaint in the early stages.
Doctors may, on occasion, receive a request from a patient’s employer for a medical report to be delivered directly to the HR department, without the patient seeing it. However, before any medical report can be provided, you must be satisfied that the patient has given valid consent to the release of the information. This factsheet looks at the issues surrounding medical reports for employers and other organisations, and offers advice to doctors who are asked to write reports.
Dealing with non-compliant patients - Northern Ireland
Time to read article: 2 mins
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A doctor’s primary concern is to do their best for their patients; this includes giving advice and treatment, and arranging investigations in accordance with the current evidence base and the patient’s best interests.
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.
Medication errors account for approximately 20% of all clinical negligence claims against doctors in both primary and secondary care. The costs associated with adverse events and inappropriate prescribing in the UK has been estimated at more than £750 million per year. This factsheet gives advice about avoiding prescribing errors.
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.
Mrs G, 34, presented to the delivery suite at 12pm, 38 weeks into her first pregnancy. Her antenatal care had been uneventful apart from measuring slightly “large for dates”. She was found to have a longitudinal lie with a cephalic presentation, and was experiencing three contractions every ten minutes. The midwife examined her and found her to be 2cm dilated with a fully effaced cervix and “intact membranes”.
Respect for patients’ autonomy is expressed in consent law; to impose care or treatment on people without respecting their wishes and right to self-determination is not only unethical, but illegal.
Making audio and visual recordings of patients - England
Time to read article: 6 mins
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Making and using audio and visual recordings of patients can benefit medical training, research and treatment. However, it poses risks for doctors regarding consent and confidentiality. In addition, all recordings from which living individuals can be identified constitute personal data and are subject to the provisions of the Data Protection Act.
Making audio and visual recordings of patients - Scotland
Time to read article: 6 mins
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Making and using audio and visual recordings of patients can benefit medical training, research and treatment. However, it poses risks for doctors regarding consent and confidentiality. In addition, all recordings from which living individuals can be identified constitute personal data and are subject to the provisions of the Data Protection Act.
Our masterclasses are tailored to Obstetricians and Gynaecologists, Orthopaedic Surgeons and General Surgeons. A one-day event consisting of interactive and practical sessions, with the aim to enhance skills in achieving more effective consultations and handling of adverse outcomes.
Workshops are expertly facilitated, using a blend of presentations, small group discussions and activities, case studies, reflective exercises and opportunities to rehearse skills.
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.
Medical Protection can provide uniquely tailored indemnity and support that we can provide for your organisation and employees.
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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