Building on the four pillars, this lesson covers the specific legal and professional concepts that come up repeatedly in interview questions. You need working knowledge of these — not to quote legislation, but to demonstrate that your clinical decisions are grounded in a proper legal and ethical framework.
Duty of Candour: The professional and legal obligation to be honest with patients when something goes wrong with their care or when an error has occurred. It involves telling the patient what happened, providing a sincere apology, offering a remedy or explanation, and explaining the effects. The professional duty comes from GMC Good Medical Practice; the statutory duty is a CQC regulation (Regulation 20). In interview answers, mentioning Duty of Candour when discussing errors or patient safety incidents is a significant scoring point.
Duty of Confidentiality: Governed by the Caldicott Principles, UK GDPR (Data Protection Act 2018), and GMC guidance. Patient information must be kept confidential and shared only on a need-to-know basis for direct care. Confidentiality can be breached in limited circumstances: when required by law (court order, notifiable diseases), when the patient consents, when it is in the public interest (e.g., preventing serious harm to others), and for safeguarding purposes. In interviews, confidentiality questions are common — the panel wants to see that you understand it is not absolute.
Mental Capacity Act 2005: The five statutory principles: (1) presume capacity, (2) support decision-making before concluding someone lacks capacity, (3) unwise decisions do not equal lack of capacity, (4) decisions made on behalf of someone lacking capacity must be in their best interests, (5) the least restrictive option should be chosen. Know how to assess capacity (understand, retain, weigh, communicate) and the concept of best interest decisions.
Safeguarding: Adults and children. Recognise the types of abuse (physical, emotional, sexual, neglect, financial for adults). Know the escalation pathway: express concern to the designated safeguarding lead, document, and do not delay raising concerns because of uncertainty. Specific red flags to mention in interviews: non-accidental injury patterns in children, unexplained burns or bruises, signs of neglect.
Raising Concerns / Whistleblowing: Every NHS trust has a Freedom to Speak Up Guardian. If you witness unsafe practice, fraud, or organisational failings, you have a duty to raise concerns. Know the escalation pathway: informal conversation → line manager → clinical director → Freedom to Speak Up Guardian → CQC/GMC. You are legally protected from retaliation under the Public Interest Disclosure Act 1998.
- Resource: Legal Concepts Quick-Reference Sheet (printable one-pager).