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.

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.

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.

Good medical records – whether electronic or handwritten – are essential for the continuity of care of your patients. Adequate medical records enable you or somebody else to reconstruct the essential parts of each patient contact without reference to memory. They should therefore be comprehensive enough to allow a colleague to carry on where you left off.

The Mental Capacity Act (MCA ) creates a new form of power of attorney – Lasting Power of Attorney (LPA), which gives another individual the authority to make decisions for an individual who now lacks capacity. This factsheet gives you more information about LPAs.

The Mental Capacity Act (the Act) established the Court of Protection, whose role it is to protect individuals who lack capacity and make rulings on difficult decisions about their care and welfare. This factsheet gives you more information about the role of the Court of Protection.

An advance decision (“living will”) to refuse future medical treatment – should the patient then lack capacity – can be made by a person who is over 18 and who has capacity. This factsheet gives further information about advance decisions.

Patients have a right to request access to their own medical records and can also provide consent for disclosure to third parties. You have a duty to protect the confidential data of your patients under the Data Protection Act (1998) and civil monetary penalties can be imposed for serious contraventions of the act.

Fit note is an informal name for the Statement of Fitness for Work. The Statement intends to advise patients who are on sick leave for more than seven days on whether, with extra support from their employer, they could return to work.

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.

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.

Under the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS), six assessments have to be successfully conducted before a local authority (supervisory body) can authorise the deprivation of an individual’s liberty in a hospital or a care home.

The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) provide a legal framework around the deprivation of liberty.

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 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.

The best interests principle in the Mental Capacity Act 2005 (the Act) states that any act done or decision made on behalf of an adult lacking capacity must be in their best interests. This can cover financial, health and social care decisions.

Parental responsibility refers to the rights and responsibilities that most parents have in respect of their children. This factsheet gives advice on who has parental responsibility and where responsibility lies in situations in which there are disagreements over the best interests of the child.

Mrs K, a mother of six, attended a gynaecology clinic complaining of persistent menorrhagia. After a normal diagnostic D&C she was listed for a total abdominal hysterectomy. The surgery was performed by Dr G, a gynaecology registrar, through a suprapubic transverse skin incision.