New guidance prevents doctors from being ‘gagged’

New guidance from the General Medical Council will prevent doctors entering into contracts or agreements that seek to stop them raising concerns about poor quality care.

The new guidance also makes clear that doctors must not sign contracts that attempt to prevent them from raising concerns with professional regulators. Nor must doctors in management roles promote such contracts or encourage other doctors to sign them. Niall Dickson, chief executive of the General Medical Council 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.” The new guidance Raising and acting on concerns about patient safety makes clear that doctors have a duty to act when they believe patient safety is at risk, or when a patient’s care or dignity is being compromised. The guidance explains when doctors need to raise concerns and advises on the help and support available to them, including how to tackle any barriers that they may face. Doctors also have responsibility for the safety and wellbeing of patients when performing nonclinical duties – including when they are working as a manager. New guidance Leadership and management for all doctors is also being issued aimed at helping doctors understand their responsibilities in relation to employment issues, teaching and training, as well as planning, using and managing resources. The two documents will be sent to all 240,000 doctors on the medical register and the new guidance comes into effect on 12 March 2012. The GMC’s new Liaison Service, which strengthens the regulator’s local presence, will use the guidance and work with Medical Directors, doctors and patients’ groups to help foster openness and a willingness to speak out throughout the health service. Niall Dickson added: “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. Healthcare today is seldom an isolated affair and using the eyes and ears of health professionals can be the most effective way of protecting patients and ensuring high quality care.” Public Health Minister Anne Milton said: “We welcome the new guidance from the General Medical Council which states clearly that a doctor’s first duty must be to patient welfare. Any contract preventing a doctor from raising concerns about the welfare of his patients is completely unacceptable.”

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