Medicolegal Adviser Dr Chris Godeseth explains the importance of keeping a secret
As doctors, we are privy to information given by patients who trust us to keep it confidential. In Good Medical Practice the GMC states that: “Patients have the right to expect that information held about them will be held in confidence by their doctor.” Audit projects, clinical log books, and even conversations in the hospital corridor or pub, all provide opportunities for inadvertent breaches of this trust.
Patient care will often demand that clinical information be shared within the medical team, or with other bodies. There is also a need to store patient details, sometimes electronically, for inpatient “job lists”, or to permit safe handover between clinical teams. Inevitably, on occasion these lists are lost, and may give rise to complaints to the hospital or another regulatory body, such as the GMC or the Information Commissioner.
These mistakes might be understandable in the context of a busy ward round, and will usually not give rise to significant criticism. However, the GMC receives a number of complaints each year, alleging that doctors have been reckless in disclosing patients’ clinical details.
Any such suggestion, or where confidentiality has been breached deliberately, might well result in an investigation, and possibly formal censure. As with all GMC complaints, prevention is far better than cure. Take care with patient details and ensure that job lists are properly disposed of.
Follow the hospital policy on emailing or electronically storing data, and for copying and storing patient records for clinical audit. Next time you are struck by the temptation to regale an anecdote about a particularly difficult or amusing case, think carefully: remember that patients might identify themselves or a relative, even where the conversation is not about them.
If you do find yourself in hot water with the GMC, your employer or another body, it is important that you contact MPS for advice. The earlier we are involved, the more we can do to limit damage to your career and reputation.