Safety, namely: “All doctors have a duty to act when they believe patients’ safety is at risk, or that patients’ care or dignity is being compromised.” The most relevant segment of GMP itself can be


found at paragraph 25, which provides: “You must take prompt action if you think that patient safety, dignity or comfort is or may be seriously compromised”. The guidance goes on to state that if a patient is not receiving basic care to meet their needs, you must “immediately” tell someone who is in a position to act ”straight away”. Should patient safety be at risk because of inadequate premises, equipment or other resource issues, you should put the matter right if possible, or raise concerns in line with GMC guidance and your workplace’s policies, making a record of the steps taken. Should your concerns involve a colleague who may be


putting patients at risk, you should ask for advice from a trusted colleague, your defence body or the GMC. GMP further states: “If you are still concerned you must report this, in line with our guidance and your workplace policy, and make a record of the steps you have taken.” Te GMC has also introduced explanatory guidance


regarding sexual boundaries. Sexual Behaviour and Your Duty to Report Colleagues states that if a patient “tells you about a breach of sexual boundaries, or you have other reasons to believe that a colleague has, or may have, displayed sexual behaviour towards a patient, you must promptly report your concerns”. Any suspicion of sexual assault or other criminal activity must also be reported to the police. All of the guidance above should be balanced against


your GMP obligations relating to teamwork, which require doctors to work “collaboratively with colleagues”, treating them fairly and respecting their skills and contributions. In each case you must use your professional judgement, as real-life situations are rarely black and white.


Raising concerns In the event that you do need to raise a concern the GMC


SUMMER 2013


advises doing this first with a manager or consultant. Should the matter involve a GP partner, it may be better to raise it outside the practice – for example, with the local medical director or clinical governance lead. Doctors in training might consider speaking with a postgraduate dean or director of postgraduate general practice education. It is essential to be “clear, honest and objective” about


the reason for your concern and you should acknowledge any “personal grievance that may arise from the situation”. Again it is important to keep a record of the steps you have taken to deal with the issue. You should contact the GMC directly – or another


body with authority to investigate the issue – in the following circumstances: • If you cannot raise the issue with the responsible person or body locally because you believe them to be part of the problem. • If you have raised your concern through local channels but are not satisfied that the responsible person or body has taken adequate action. • If there is an immediate serious risk to patients, and a regulator or other external body has responsibility to act or intervene. You might consider making your concerns public if


you have exhausted all avenues where you work, or with an external body, and have good reason to believe that patients are still at risk of harm. However, such disclosures must comply with the Data Protection Act and not breach patient confidentiality. Raising a patient safety concern, or receiving such a


concern, is never easy. However, in the 2013, post-Francis world, it has never been more important to keep patient safety uppermost among priorities in your everyday practice. Remember that the advisers at MDDUS are available to


discuss any concerns you may have over complying with GMC guidance.


n Andrea James is a partner at JMW Solicitors See guidance at www.gmc-uk.org


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