Doctors cannot enter into contracts or agreements with ‘gagging clauses’ and have a duty to act when they believe patient safety is at risk, new GMC guidance stipulates.
The new guidance Raising and acting on concerns about patient safety seeks to increase doctors’ sense of responsibility for the care they witness and to encourage ‘whistleblowing’.
The guidance explains when doctors need to raise concerns if patient safety is at risk, or when a patient’s care or dignity is being compromised, and advises on the help and support available to them, including how to tackle any barriers that they may face.
Niall Dickson, chief executive of the GMC, said: “These clauses are totally unacceptable. Doctors who sign such contracts are breaking their professional obligations and are putting patients, and their careers, at risk.”
Doctors also have responsibility for the safety and wellbeing of patients when performing non-clinical duties - including when they are working as a manager. New guidance Leadership and management for all doctors has also been issued with the aim of helping doctors understand their responsibilities in relation to employment issues, teaching and training, as well as planning and using and managing resources.
Responding to the guidance, defence body MPS said employers had to do more to support doctors in raising concerns and remove “the barriers”.
Dr Stephanie Bown, director of policy and communications at MPS, said: “We receive calls from members who have seen things that cause them concern, and who are seeking clarification about what to do. Unfortunately many express fear about the potential consequences of ‘rocking the boat’ and that they might be penalised for speaking up.
“The readiness of doctors to fulfil this professional responsibility has been clouded by fear of the potential consequences. It’s unacceptable for organisations and clinical leaders to simply pay lip service to ‘raising concerns’ about patient safety - they have to live it and they have to lead by example.”
The GMC’s new local liaison service will use the guidance and work with medical directors, doctors and patients groups to help foster openness and a willingness to speak out.
Dickson said: “Being a good doctor involves more than simply being a good clinician. It means being committed to improving the quality of services and being willing to speak up when things are not right - that is not always easy but it is at the heart of medical professionalism.
“Our new guidance also makes clear that doctors must not sign contracts that attempt to prevent them from raising concerns with professional regulators such as the GMC and systems regulators, such as the CQC. Nor must doctors in management roles promote such contracts or encourage other doctors to sign them. Those who promote or sign such agreements are breaking their professional obligations and putting their careers at risk.”
The guidance comes into effect on 12 March 2012.
MPS’s Brown added: “It is not about an organisation having a ‘policy folder’ that they dust off when there is an issue, it’s about the organisation developing the type of working environment which encourages and supports their staff to raise concerns openly, following the appropriate procedure.”
