Working with doctors Working for patients

Endnotes

1. When we refer to ‘patients’ in this guidance, we also mean people who are in your care.

2. General Medical Council (2013) Good medical practice (accessed 15 June 2015), paragraphs 24 and 55

3. Nursing and Midwifery Council (2015) The Code: Professional standards of practice and behaviour for nurses and midwives (accessed 15 June 2015), section 14

4. General Medical Council (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015)

5. Nursing and Midwifery Council (2015) The Code: Professional standards of practice and behaviour for nurses and midwives (accessed 15 June 2015), section 4.2

6. General Medical Council (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015), paragraphs 26–27

7. General Medical Council (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015), paragraphs 28–36

8. The Supreme Court (2015) Judgment: Montgomery (Appellant) v Lanarkshire Health Board (Respondent) (Scotland) (pdf) (accessed 15 June 2015), paragraphs 86–91

9. If the patient has died, or is unlikely to regain consciousness or capacity, ‘patient’ in paragraphs 9–16 should be read as ‘those close to the patient’.

10. General Medical Council (2014) Guidance for doctors acting as responsible consultants or clinicians (accessed 18 June 2015)

11. General Medical Council (2013) Good medical practice (accessed 15 June 2015), paragraph 31

12. NHS Litigation Authority Saying Sorry (pdf) (accessed 15 June 2015)

13. ‘Legal liability’ here refers to a clinical negligence claim. The NHS Litigation Authority ‘will never withhold cover for a claim because an apology or explanation has been given’.

14. Compensation Act 2006 (England and Wales) (accessed 15 June 2015), section 2

15. General Medical Council (due for publication in 2015) Sanctions guidance for the Medical Practitioners Tribunal Service’s fitness to practise panels and for the General Medical Council’s decision makers

16. Nursing and Midwifery Council (2012) Indicative sanctions guidance to panels (pdf) (accessed 15 June 2015)

17. Nursing and Midwifery Council (2014) Guidance for decision makers on insight, remediation and risk of reoccurrence (pdf) (accessed 15 June 2015)

18. General Medical Council (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015), paragraphs 20–21

19. For example, you could direct them to Action against Medical Accidents (AvMA), which works across th UK, or to their local Healthwatch group in England, the Patient and Client Council in Northern Ireland, the Patient Advice and Support Service in Scotland or the Community Health Council in Wales. See Patients’ help on the GMC website or When to make a referral on the NMC website for further information.

20. General Medical Council (2013) Good medical practice (accessed 15 June 2015), paragraph 21c

21. Nursing and Midwifery Council (2015) The Code: Professional standards of practice and behaviour for nurses and midwives (accessed 15 June 2015), section 14.3

22. See appendix 2 for detail of the statutory duty of candour for organisations providing healthcare.

23. General Medical Council (2013) Good medical practice (accessed 15 June 2015), paragraphs 33, 65 and 68.

24. If a patient has previously asked you not to share personal information about their condition or treatment with those close to them, you should respect their wishes. While doing so, you must do your best to be considerate, sensitive and responsive to those close to the patient, giving them as much information as you can.

25. For information about patient and carer support and advocacy services, counselling and chaplaincy services, and clinical ethics support networks, see the advice and resources listed on the National End of Life Care Programme website and the PallCareNI website.

26. General Medical Council (2010) Treatment and care towards the end of life: good practice in decision making (accessed 15 June 2015), paragraph 84

27. This does not include adverse incidents that may result in harm but have not yet done so – the patient must be told about these events and they must be reported in line with this guidance.

28. General Medical Council (2013) Good medical practice (accessed 15 June 2015), paragraph 23.

29. National Health Service Report a patient safety incident (accessed 16 June 2015)

30. Medicines and Healthcare products Regulatory Agency Yellow Card: Helping to make medicines safer (accessed 15 June 2015)

31. Medicines and Healthcare products Regulatory Agency Reporting adverse incidents involving medical devices (accessed 15 June 2015)

32. Healthcare Improvement Scotland (2015) Learning from adverse events through reporting and review: A national framework for Scotland (accessed 15 June 2015)

33. Department of Health, Social Services and Public Safety Procedure for the Management and Follow up of Serious Adverse Incidents (accessed 15 June 2015)

34. Registered providers in England are required to notify the CQC about certain incidents. For more information see the Notifications section on page 15 of the CQC information for all providers.

35. General Medical Council (2012) Raising and acting on concerns about patient safety (accessed 15 June 2015)

36. Nursing and Midwifery Council (2013) Raising concerns: guidance for nurses and midwives (accessed 15 June 2015)

37. General Medical Council (2014) National training survey 2014: bullying and undermining (pdf) (accessed 15 June 2015)

38. A fitness to practise panel is likely to consider a more serious sanction if there is evidence of a failure to raise a concern, or of an attempt to cover up.

39. Nursing and Midwifery Council (2015) The Code: Professional standards of practice and behaviour for nurses and midwives (accessed 15 June 2015), section 23

40. General Medical Council (2013) Good medical practice (accessed 15 June 2015), paragraphs 22–23

41. General Medical Council (2012) Supporting information for appraisal and revalidation (accessed 15 June 2015), p 8

42. Nursing and Midwifery Council will be publishing guidance on revalidation.

43. Nursing and Midwifery Council (2015) The Code: Professional standards of practice and behaviour for nurses and midwives (accessed 15 June 2015), sections 16.6 and 25.2

44. General Medical Council (2012) Leadership and management for all doctors (accessed 15 June 2015)