QUESTIONS Flashcards
how do you recognise potentially abusive or seriously
harmful sexual activity in a young person?when you should consider sharing information
Examples of when you should consider sharing information
are where (GMC 2011a: 28):
• The young person is too immature to understand.
• A big difference in age is ringing alarm bells!
• The partner is in a position of trust – e.g. the young per
son’s teacher.
• There is a force/threat suggesting emotional, psychologi
cal or physical pressure.
• Drugs and/or alcohol are involved.
• The child is under 13 years (under 12 years in Scotland
Generally speaking, a young person may feel more relaxed
about confiding personal information to you, as someone who
has been involved early in their treatment. Respect this and try
to get as much information as possible, as it may be the only
opportunity. If you suspect something untoward, it is often best
to get the parents involved – with the young person’s permis
sion of course. Beyond this, you may have to notify social
services. Remember to record your concerns and justify any
decisions made by your senior about the disclosure. You also
need to be honest with the patient about the information you
are disclosing.).
What are the six princi
ples by which patient-identifiable information should be
utilised:
The Department of Health (DH 2010) devised six princi
ples by which patient-identifiable information should be
utilised:
1. Justified – what is the purpose of sharing the
information?
2. Necessary – how will sharing this information benefit
the patient?
3. Minimum – only share what needs to be shared. For
example, if you are referring a patient with a broken wrist
for physiotherapy, you don’t need to tell the physio that they
also are being treated for chlamydia. Be responsible and
think about what you share.
4. Need-to-know basis – as above, make sure you tell them
what they need to know and nothing more.
5. Be aware of your role – you are their doctor, respect the
fact that patients trust you and be aware that you have a duty
to uphold that confidence in the public eye. Doctors without
trust are like buckets with a hole in: not very good at all!
6. Legal – if you are unsure of a boundary, always check
it with a senior before you share anything.
When should Caldicott guardians be involved?
These are typically board-level clinicians who resolve
local issues regarding information-sharing that go beyond the
level of a senior colleague. Typical situations in which Caldicott
guardians become involved include (DH 2010):
• police requesting information
• a patient requesting for their records to be deleted
• serious confidentiality breaches
It is enough simply to know about the existence of these
figures. You should get in touch with your foundation pro
gramme clinical lead or foundation programme co-ordinator for
all concerns involving the legal department. FY1s are not in a
position to handle such matters, nor are they expected to do so.
What should you do if confidentiality is breached?
. If something does happen, the Medical Pro
tection Society (MPS 2010) argues you can best handle this by:
1. Establishing what happened and what went wrong.
2. Offering the patient an explanation and an apology.
3. Giving assurance that lessons have been learned.
4. Identifying how mistakes can be avoided in the future.
What should you do if you think a patient is not fit to drive?
The Driver and Vehicle Licensing Agency (DVLA) are respon
sible for road safety and have strict guidance on health condi
tions and fitness to drive. Three things to note are:
1. It is the driver’s legal responsibility to notify the DVLA.
2. You are responsible for telling the patient that their condi
tion may affect their driving (see Figure 2.2).
3. Document in the notes what you have told them.
Some common conditions that patients will need to notify
to the DVLA are:
• Epilepsy or a seizure.
• Diabetes mellitus on any treatment that can cause hypoglycaemia.
• Acute psychosis.
• Severe mood disorders or neuroses: especially if they may
attempt suicide at the wheel.
Alcohol and drug abuse: especially if you suspect they may
drive whilst intoxicated.
Some common conditions where you would advise a period
of time off from driving, but they don’t need to formally notify
the DVLA are:
• Stroke/TIA
• Acute Coronary Syndromes (ACS)
The criteria for those with “group 2 entitlement”, i.e. lorry
drivers, differ from this. Make sure you enquire about occupa
tion so that the patient has the correct information.
If you are unsure what to do, your options are to (GMC 2009b):
1. Seek advice from a senior colleague.
2. Consult your local policy document or the DVLA (2011)
“At a glance guide to the current medical standards of fitness
to drive”. Here you should get the information you require
about a variety of disorders and conditions that can impair a
patient’s fitness to drive.
3. Seek advice from the DVLA or their medical advisor; prob
ably not your first port of call as this will take time.
What happens if your patient disagrees with you?
Advise them to seek a second medical opinion but not to drive
in the meantime.
What happens if they ignore you and carry on driving anyway?
• Educate them about the consequences of driving against
medical advice to try and stop them; but be reasonable – you
cannot use force.
• Use persuasion of friends and relatives if appropriate.
What happens if that fails?
THEN you are advised to notify the DVLA – but tell the patient
that you are going to do this first.
You are in A&E and you are notified that a patient is
coming in with a stabbing injury, what should you do?
Obviously your A to E approach and acute medical assessment
come first, but you need to take account of the following:
The history – you need to find out if this was self-harm or
an attack. The police need not be informed for the former.
2. In the case of the latter, inform a senior colleague. Advise
them you think the police should be informed in the interests
of the safety of both patients and staff.
3. If you are responsible for informing the police, DO NOT
disclose the patient’s information at this stage, it is unnecessary.
All the police need to be aware of is the incident.
The police arrive and wish to see the patient, but you feel
the patient is not up to it. What next?
Your duty of care is to the patient and you should explain this
to the police. When you feel the patient is ready, you can then
ask them whether they wish to speak to the police.
A crime has been committed, but the patient is
unconscious so you can’t gain consent to reveal their
details to the police. What should you do?
You can disclose confidential information as required by law
and in the public’s best interests. This is because others may be
at risk of injury and/or it may aid prosecution for the crime
(GMC 2009c). With any matters concerning confidentiality
you should be seeking advice from the consultant in charge.
Disclosing confidential information should never be rushed.
Finally, if you are required to disclose anything, you must
protect yourself by recording all the reasons for information
disclosure in the patient’s notes.
You find out that this is a domestic dispute and the victim
does not want to press charges. What should you do?
Whilst it is appropriate to ask patients to disclose information
necessary for their protection, you should abide by a competent
adult’s refusal if the risk of harm is only to themselves and not
to others. However, you should warn them of the risks if they
do not consent to disclose. You should also give them ways to
seek help themselves, e.g. by informing them about domestic
violence support groups. If children were involved in this case
of domestic violence, however, you would be obliged to disclose the information to social services
Again, it is important to reiterate that, whilst you
should be aware of what to do in difficult situations concerning
confidentiality, you should always seek senior advice.
Consent in under 18’s
If a child is having an operation, it is best practice to have consent
from both parents, but legally you only need one person with
authority to give permission to treat. In an emergency, you don’t
need permission at all, as you can operate in the child’s best
interests. If there is a conflict that cannot be resolved informally,
consult a senior as they may need to inform the legal department.
Your trust will have a local policy on this, so it is advisable to
familiarise yourself with it early on – or at least know where
to access the information. Any decision made to act in a patient’s
best interests must be able to stand up if challenged.
Can a young person be seen without a parent?
deally a young person should have someone with them.
However, you would never want to give them the impression
that they could not get medical help – especially if it is some
thing important that they do not feel comfortable telling their
parents about (see Figure 2.3). You may also want to see them
on their own if you suspect there is something odd about the
family dynamics. Always offer a chaperone for any physical
examination if they are on their own and record whether they
accept or decline.
Note: divorce or separation does not make any one parent less
responsible for their child.
What about a young person under sixteen years who
wants contraception, an abortion or an STI check without
their parents knowing?
This scenario is more likely to present working as a foundation
doctor either on a GP or GUM rotation. It is recommended that
you treat a young person in their best interests, provided that
you cannot persuade them to talk to their parents and that they
fully understand both the advice and the consequences. You
may be recognising a pattern here, but always seek advice from
a more experienced colleague; your job is to flag up situations
like this to them so they can be handled in the most appropri
ate manner. This does not make your role any less important
however as you do not recognise where issues can arise, then
problems may occur. Your job as an FY1 includes gathering as
much information as possible to pass onto your seniors.
You have concerns about a parent’s ability to cope with
their child, what should you do?
This scenario is more likely to present itself in A&E. For any
patient who comes in with a serious domestic injury, mental
health issue or a history of drug or alcohol abuse, you must
check whether they have any children. It may be that you need
to put in a referral for social services as these children could
well be at risk and have fallen completely under the radar.
It is preferable that you gain consent from the parent when
disclosing information to social services. Agree with the parent
the information that you will share with social services. The
information you will need is all on the proforma but will
include:
• Patient details.
• Details of all the individuals in the household.
• What the problem is.
• Other agencies involved e.g. the school they go to, any health
visitors.
It is not always necessary to get consent to contact social
services. If you feel more harm would be caused to the child
by not disclosing the information – for example if the parents
would harm the child in some way – then you should not get
consent and inform a senior straight away. In this instance,
social services may be approached by telephone prior to sending
the report in writing. This assessment is made on a case-by-case
basis dependent upon the sense of urgency. Again, you would
flag this up to a senior as this decision should be made by a
more experienced colleague.
Who would you seek advice from in situation when a child in danger?
For your reference, the GMC (2011b: para 60) advise the
following order of preference for seeking advice:
1. An experienced colleague.
2. A named practitioner for child protection – your foundation
clinical lead would help you with this.
3. A Caldicott guardian.
4. The GMC or another professional body (e.g. BMA, RCP)
or defence body (non-EU).
Only the first two points are applicable to the FY1 as the founda
tion school would liaise with three and four on your behalf.