NOTICE BOARD Each of the roundtable discussions can


be viewed as a whole or in five parts. Go to ‘eLearning video modules’ in the Risk Management section at mddus.com. CPD verification is availible.


Practice Managers’ Conference 2015 MDDUS has announced dates for its popular Practice Managers’ Conference which will be held this year at the Fairmont Hotel in St Andrews. The conference takes place on Thursday


26 and Friday 27 of November. Delegates can attend interactive workshops on a broad range of topics throughout the day on Thursday, plus additional sessions on Friday morning. New for 2015 will be the screening of the third instalment of our film series, Bleak Practice, which promises an entertaining way to learn key risk lessons in general practice. As always, places will be limited so contact the Risk Management team now to register interest (risk@mddus.com).


MDDUS feels the force MDDUS has recently purchased


Hend House, the London headquarters of Industrial Light & Magic, the visual effects arm of the LucasFilm production company. ILM moved into the grade-II listed building on Shaftsbury Avenue in 2014 and the studio is currently working on special effects for the new Star Wars film franchise (although the landlord has not been offered any sneak previews!). In addition, the Union has purchased


Bracton House in High Holborn. Both acquisitions – along with the refurbishment of the building housing our London office at Pemberton Row – are part of a strategy to enhance the Union’s property portfolio and continue to improve the return on our investment fund.


MDDUS CEO Chris Kenny says: “These


are prudent investments which help us to diversify our holdings and so achieve both security and growth for our members’ resources.”


● HEALTH AND SAFETY IN PRIMARY CARE MDDUS members can enjoy special rates for a Law at Work (LAW) course on managing health and safety in GP and dental practices. The comprehensive four-day nationally


SPRING 2015


Covert recording of consultations


A RECENT call to the MDDUS advisory service highlighted some confusion over a patient’s right to covertly (or indeed overtly) record their medical or dental consultation. The member in this instance


was shocked to learn that he had been covertly recorded using a smartphone. He was seeking confirmation from MDDUS that he could warn the patient that this was not acceptable, that the patient could not record their consultations again without his explicit consent and that if continuing to do so they would be advised to register with another GP. Discovering that you have been covertly recorded via smartphone or other means can be unsettling but the reality is that there is nothing to legally stop patients from doing so, nor


is there any need to seek your consent. When a patient records a clinical consultation, the information being recorded is almost exclusively relating to that patient. Under section 36 of the Data Protection Act there is an almost total exemption for individuals who are using personal data for their own domestic and recreational purposes. The DPA views this data as personal to them and that the recording of such is simply the patient processing their own personal data. Ultimately, the data is viewed as confidential to the patient but not to the consulting clinician. Patients may record consultations for a number of reasons. They may wish to aid their memory if there is likely to be a complex or lengthy discussion. They may wish to let their family members listen to help clarify matters or keep them informed. Or it may be that they are dissatisfied with the advice they are being given and want to seek another’s view. It is worth noting that covert recordings are admissible as evidence when judged as relevant to a legal case. If a clinician becomes aware that they are being recorded covertly then inviting


the patient to continue recording openly may positively influence the situation. A gentle question around their perceived need to record the consultation may help clarify matters for you and indeed the patient. A request can be made that in the future they alert you to this activity but be aware that the patient does not have to comply with this – although demonstrating acceptance and lack of defensiveness may enable the patient to be more open and overt going forward. On the final point raised by our member, deregistering a patient for this activity alone does not adhere to NHS contractual obligations or GMC guidance on removal of patients and the usual conditions and processes would apply in this respect.


accredited course is for staff with senior responsibilities for health and safety and will be run on four consecutive Thursdays starting on 7 May in Glasgow. Costs are £475 plus VAT for MDDUS members. Book on 0141 271 5555 or email


gillian.wilson@lawatwork.co.uk. ● HUMAN FACTORS MASTERCLASS MDDUS have partnered with aviation and healthcare safety experts Terema to bring you this excellent programme based on their


experience teaching crew resource management (CRM) within the airlines. The course will be run on 5 and 6 November 2015 at Heathrow. Cost for MDDUS members is £470 plus VAT. Contact risk@mddus.com to book.


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