Understanding your legal responsibilities

At MPS we see numerous cases where doctors have unwittingly fallen foul of the law. This is often because they are unaware of the relevant statutes regulating their area of practice or because they have not fully understood the principles underlying considerations such as consent or confidentiality.

The best way to avoid running into similar problems yourself is to develop a good working knowledge of (and comply with) the legal framework that governs the practice of medicine. There are three main sources:

• Statutes – These are Acts of the Oireachtas and associated regulations
  (statutory instruments) laying down clear requirements that must be adhered to. Some, such as the Mental Health Act, cover particular aspects of practice, but there are many others which, although not specific to medicine, nevertheless have a considerable impact on medical practice (for example, the Data Protection Act).
• Case law – Principles derived from the interpretation of individual court cases on relevant areas such as consent, confidentiality and clinical negligence. These principles apply to all areas of clinical practice and represent a constantly evolving area of law (what we call “common law”).
• Codes of conduct and statements of professional responsibility issued
  by the Medical Council – All practitioners must comply with the standards of
  practice and responsibilities that are a condition of their continued registration.

This section of the booklet concentrates on the essential features of three aspects of practice: consent to treatment; confidentiality; and competence.