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.

A clinical negligence claim is a demand for financial compensation for alleged harm caused by substandard clinical care. Common reasons for claims include failure or delay in diagnosis, or incorrect treatment. In fact, many claims arise out of poor communication. This factsheet outlines the main stages in the legal process of a claim and what it means for you. If you receive a complaint, and this is not being dealt with by your NHS or other employer, you should contact MPS immediately.

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.

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 Adults with Incapacity Act was introduced in 2000 to safeguard the welfare of adults (age 16 and over) who lack capacity for making their own healthcare decisions, due to a mental disorder or an inability to communicate. This factsheet provides information on how patients with incapacity should be cared for.

Valid consent is just as important when treating children and young people as it is with adults. In some situations children are able to give consent themselves, and sometimes others need to take the decision on their behalf. This factsheet sets out the basic information to enable you to obtain the appropriate consent from children and young people.

Supplementary GMC guidance to Confidentiality (2009) contains information for healthcare professionals on what to do when reporting gunshot and knife wounds.

One of the most difficult situations faced by any clinician is when you are concerned that a colleague’s behaviour, health or professional performance may be placing patients at risk. This factsheet outlines your duty to raise concerns when patients may be at risk of harm.

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.

As an expert you should be aiming to produce a report which is free standing – from which the reader can glean the key issues in the case, understand the evidence available and reach a clear understanding of the range of expert opinion, without needing to look at any other document.

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.

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.

As a doctor, you may be asked to give evidence in many different types of forums including criminal or civil courts, Fatal Accident Inquiries and employment or mental health tribunals. This factsheet gives further information about what to expect and how to prepare.

The role of Independent Mental Capacity Advocates (IMCAs) is to support and represent a person who lacks capacity in making a specific decision, and who has no-one (other than paid carers) to support them. This factsheet sets out further information about IMCAs and the role they play.

Electronic communication can provide a useful and alternative point of access for patients. However, you should make sure 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.