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Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding Syllabus
The Medical Ethics, Law and Safeguarding syllabus for Membership of the Royal College of General Practitioners (MRCGP) in full: 3 chapters, 16 topics and 6 sub-topics, every one listed below, plus 51 Medical Ethics, Law and Safeguarding flashcards with answers.
Medical Ethics, Law and Safeguarding syllabus: all 3 chapters
Expand any chapter to see its topics and sub-topics.
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Core Ethical and Legal Principles
5 topics- Consent and mental capacity
- Mental Capacity Act and best interests
- Gillick competence and Fraser guidelines
- Confidentiality and disclosure
- Public interest disclosure
- Information sharing with third parties
- The four principles of medical ethics
- GMC Good Medical Practice standards
- Complaints, candour and duty of candour
- Consent and mental capacity
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End-of-Life Care and Mental Health Law
5 topics- Advance care planning and advance decisions
- DNACPR and ReSPECT processes
- Lasting power of attorney
- Mental Health Act sections and community treatment
- Deprivation of liberty safeguards
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Safeguarding Children and Adults
6 topics- Recognising child maltreatment
- Physical, emotional and sexual abuse
- Neglect and fabricated illness
- Safeguarding referral pathways and multi-agency working
- Domestic abuse identification and response
- Vulnerable adults and adult safeguarding
- Female genital mutilation and modern slavery duties
- Prevent duty and radicalisation awareness
- Recognising child maltreatment
Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding flashcards — 51 questions with answers
What are the two stages of the test for mental capacity under the Mental Capacity Act 2005?
Stage 1 (diagnostic test): Is there an impairment of, or disturbance in, the functioning of the mind or brain? Stage 2 (functional test): Does that impairment mean the person is unable to make this particular decision at this time?
Under the Mental Capacity Act 2005, what four abilities must a person have to be deemed to have capacity for a decision?
They must be able to: (1) Understand the information relevant to the decision, (2) Retain that information, (3) Use or weigh it as part of the decision-making process, and (4) Communicate their decision (by any means).
List the five statutory principles of the Mental Capacity Act 2005.
1) Presume capacity. 2) Support the person to make their own decision before treating them as unable. 3) An unwise decision does not itself indicate lack of capacity. 4) Acts/decisions for someone lacking capacity must be in their best interests. 5) Choose the least restrictive option for their rights and freedoms.
What are the three core elements of valid consent to treatment?
Consent must be: (1) given by a person with capacity, (2) voluntary (free from coercion or undue influence), and (3) informed (the person understands the nature, purpose, risks, benefits and alternatives).
What did the Montgomery v Lanarkshire (2015) ruling establish about consent and risk disclosure?
Doctors must disclose any material risk — a risk to which a reasonable person in the patient's position would attach significance, or that this particular patient would. It replaced the doctor-centred Bolam test for consent with a patient-centred standard of informed consent.
At what age is a person in England presumed to have capacity to consent to their own medical treatment, and what concept applies to younger children?
At 16 a young person is presumed competent to consent to treatment. Children under 16 may consent if they are 'Gillick competent' — having sufficient understanding and intelligence to fully appreciate what is proposed.
What are the four principles of medical ethics (Beauchamp and Childress)?
Autonomy (respecting the patient's right to self-determination), Beneficence (acting in the patient's best interest), Non-maleficence (avoiding harm; 'first do no harm'), and Justice (fair distribution of benefits, risks and resources).
Distinguish beneficence from non-maleficence.
Beneficence is the active duty to do good and promote the patient's wellbeing; non-maleficence is the duty to avoid causing harm ('primum non nocere'). Beneficence is a positive obligation to act; non-maleficence is largely a negative obligation to refrain from harm.
What are the four domains of the GMC's Good Medical Practice (2024)?
Domain 1: Knowledge, skills and development. Domain 2: Patients, partnership and communication. Domain 3: Colleagues, culture and safety. Domain 4: Trust and professionalism.
According to GMC guidance, what is a doctor's duty when a patient lacks capacity and there is no one to consult about their best interests?
For serious medical decisions, an Independent Mental Capacity Advocate (IMCA) must be instructed to represent and support the person who has no appropriate family or friends to consult.
Define a 'patient's confidentiality' duty and name the legal/professional sources that underpin it.
The duty to keep patient information private and use it only for the purpose for which it was given. It is underpinned by the common law duty of confidence, the Data Protection Act 2018/UK GDPR, the Human Rights Act 1998 (Article 8), and GMC professional guidance.
Name the broad circumstances in which a doctor may lawfully disclose confidential patient information without consent.
(1) Required by law (e.g. statutory notification, court order); (2) In the public interest (preventing serious harm/crime); (3) Where it is in the patient's vital interests and they lack capacity; and where consent is the basis it is not 'without consent'. Disclosure should be the minimum necessary.
What is the 'public interest' test for breaching confidentiality?
Disclosure without consent may be justified when the benefit to an individual or society of disclosing outweighs both the public and patient's interest in keeping the information confidential — typically to prevent a risk of death or serious harm.
Give three examples of conditions or events that require statutory notification, overriding usual confidentiality.
Notifiable infectious diseases (e.g. measles, TB, COVID-19) to public health; births and deaths; female genital mutilation in under-18s (to police); and certain road traffic incidents (identifying a driver) under the Road Traffic Act.
What is the statutory 'duty of candour' and which two bodies set it out?
A legal and professional duty to be open and honest with patients (or families) when something goes wrong and harm has or may have occurred. It is set by the CQC (organisational duty, Regulation 20, Health and Social Care Act 2008 regulations) and by the GMC/NMC (individual professional duty).
List the key steps a clinician must take to fulfil the professional duty of candour after a patient safety incident.
Tell the patient (or family) when something has gone wrong; apologise/say sorry; offer an appropriate remedy or support; and explain fully and promptly the short- and long-term effects of what happened. Document the conversation.
Distinguish between a complaint, an apology, and an admission of liability in the context of candour.
An apology (saying sorry) is an expression of sorrow or regret and is NOT an admission of legal liability. The duty of candour requires apology and explanation; it does not require admitting legal fault, which is a separate determination.
What is an Advance Decision to Refuse Treatment (ADRT) and when is it legally binding?
A decision made by a person with capacity to refuse specified treatment in future when they lack capacity. It is legally binding if the person was 18+, had capacity when making it, it is valid and applies to the situation. To refuse life-sustaining treatment it must be in writing, signed, witnessed and state it applies 'even if life is at risk'.
How does an advance statement differ from an advance decision (ADRT)?
An advance statement expresses a person's wishes, preferences and values (e.g. where they want to be cared for) and is not legally binding but must be considered in best-interests decisions. An ADRT specifically refuses named treatments and, if valid and applicable, is legally binding.
What is advance care planning (ACP)?
A voluntary process of discussion between a person, their care providers and often family about their future wishes and priorities for care, anticipating possible deterioration and loss of capacity. It may produce advance statements, ADRTs, and decisions about preferred place of care/death.
Show the other 31 Medical Ethics, Law and Safeguarding flashcards
What does a DNACPR decision mean, and what does it NOT mean?
DNACPR (Do Not Attempt Cardiopulmonary Resuscitation) means CPR will not be attempted if the heart/breathing stops. It does NOT affect any other treatment — the patient continues to receive all other appropriate active or palliative care.
Is patient consent legally required to make a DNACPR decision, and what is the clinician's duty?
Consent is not legally required because CPR is a clinical decision and no one can demand treatment that will not work. However, there is a legal duty (per Tracey, 2014) to consult and inform the patient (or, if they lack capacity, those close to them) unless doing so would cause physical or psychological harm.
What is the ReSPECT process and how does it differ from a standalone DNACPR form?
ReSPECT (Recommended Summary Plan for Emergency Care and Treatment) creates personalised recommendations for a person's clinical care in a future emergency. Unlike a standalone DNACPR, it records preferences for all emergency treatment (including but not limited to CPR), balancing realistic goals with the patient's priorities.
What are the two types of Lasting Power of Attorney (LPA) in England and Wales?
(1) Property and Financial Affairs LPA, and (2) Health and Welfare LPA. They must be registered with the Office of the Public Guardian to be valid.
What additional condition must a Health and Welfare LPA contain for the attorney to refuse life-sustaining treatment?
The LPA document must explicitly state that the attorney has authority to give or refuse consent to life-sustaining treatment; without this specific provision, the attorney cannot make such decisions and they fall to the clinical team in the person's best interests.
A valid ADRT and a Health & Welfare LPA conflict over refusing treatment. Which takes precedence?
Whichever was made LATER takes precedence. An LPA made after a valid ADRT (giving the attorney relevant authority) overrides the ADRT; an ADRT made after the LPA was granted overrides the attorney's decision on that treatment.
What is the purpose and duration of detention under Section 2 of the Mental Health Act 1983?
Section 2 is admission for assessment (and treatment) for up to 28 days. It cannot be renewed; it requires two doctors (one Section 12 approved) and an Approved Mental Health Professional (AMHP).
What is the purpose and duration of detention under Section 3 of the Mental Health Act 1983?
Section 3 is admission for treatment for up to 6 months initially, renewable (for a further 6 months, then yearly). It requires two doctors and an AMHP, and a known diagnosis with an identified treatment plan.
Compare Section 4, Section 5(2) and Section 5(4) of the Mental Health Act.
Section 4: emergency admission for assessment, up to 72 hours, one doctor + AMHP. Section 5(2): doctor's holding power for an already-admitted inpatient, up to 72 hours. Section 5(4): nurse's holding power, up to 6 hours, to await a doctor.
Compare police powers under Section 135 and Section 136 of the Mental Health Act.
Section 135: police enter a private property (with a warrant) to remove a person to a place of safety. Section 136: police remove a person from a public place to a place of safety. Both last up to 24 hours (extendable to 36) for assessment.
What is a Community Treatment Order (CTO) under the Mental Health Act, and who can be placed on one?
A CTO (Section 17A) allows a patient previously detained under Section 3 (or equivalent) to be treated in the community under conditions, with a power of recall to hospital if needed. It is made by the Responsible Clinician with AMHP agreement.
What are the Deprivation of Liberty Safeguards (DoLS) and which Act do they sit under?
DoLS are part of the Mental Capacity Act 2005. They provide legal authorisation to deprive a person who lacks capacity of their liberty in a hospital or care home, where this is necessary and in their best interests, with safeguards to protect their rights.
What is the 'acid test' for a deprivation of liberty established in Cheshire West (2014)?
A person is deprived of their liberty if they are (1) under continuous supervision and control AND (2) not free to leave — regardless of whether they object, the placement is comfortable, or the purpose is benign.
What scheme is intended to replace DoLS, and what is one key way it differs?
The Liberty Protection Safeguards (LPS). It is designed to extend protections beyond hospitals and care homes (e.g. to supported living and people's own homes), cover ages 16+, and streamline the authorisation process.
What does the safeguarding mnemonic and category list for child maltreatment include?
The four categories of child abuse are: Physical abuse, Emotional (psychological) abuse, Sexual abuse, and Neglect. Neglect is the most common category.
List clinical features that should raise suspicion of physical child maltreatment ('red flags').
Injuries inconsistent with the history or developmental stage; delayed presentation; bruising in a non-mobile baby; injuries to protected sites (ears, neck, inner thighs, buttocks); patterned marks (bites, ligatures); fractures (especially metaphyseal, rib, multiple ages); and frequent attendances.
What is the key legal principle governing all safeguarding decisions about children, and which Act sets it?
The child's welfare is the paramount consideration. This 'paramountcy principle' is set out in the Children Act 1989 (Section 1).
What is the difference between a Section 17 'child in need' and a Section 47 enquiry under the Children Act 1989?
Section 17: duty to safeguard and promote the welfare of a 'child in need' (needs services to achieve a reasonable standard of health/development). Section 47: a more urgent statutory duty for the local authority to investigate where there is reasonable cause to suspect a child is suffering, or likely to suffer, significant harm.
Outline the basic safeguarding referral pathway when a clinician suspects a child is at risk.
Recognise and document concerns; discuss with the named/designated safeguarding lead; refer to local authority children's social care (MASH); if a child is at immediate risk, contact police (999); share information on a need-to-know basis; follow up the verbal referral in writing (usually within 48 hours).
What does MASH stand for and what is its function in multi-agency working?
Multi-Agency Safeguarding Hub. It co-locates professionals from agencies (social care, police, health, education) to share information, triage safeguarding referrals, assess risk and coordinate a proportionate response.
Define domestic abuse as set out in the Domestic Abuse Act 2021.
Abusive behaviour between people aged 16+ who are 'personally connected', where the behaviour is physical/sexual abuse, violent/threatening behaviour, controlling or coercive behaviour, economic abuse, or psychological/emotional/other abuse. The Act also recognises children who see, hear or experience the abuse as victims.
What is coercive control and why is it significant in domestic abuse?
A pattern of acts of assault, threats, humiliation, intimidation or other abuse used to harm, punish, frighten and control a victim. It is a criminal offence (Serious Crime Act 2015 / Domestic Abuse Act 2021) and is a strong predictor of escalation and serious harm.
Name a validated tool used to assess risk in domestic abuse and the high-risk referral pathway.
The DASH (Domestic Abuse, Stalking and Honour-based violence) risk checklist. High-risk cases are referred to MARAC (Multi-Agency Risk Assessment Conference) and an IDVA (Independent Domestic Violence Advisor) can support the victim.
Define a 'vulnerable adult' / 'adult at risk' under the Care Act 2014.
An adult who (a) has needs for care and support (whether or not the authority is meeting them), (b) is experiencing, or at risk of, abuse or neglect, and (c) as a result of those needs is unable to protect themselves from the abuse or neglect.
List the categories of abuse recognised in adult safeguarding under the Care Act 2014.
Physical, sexual, psychological/emotional, financial/material, neglect and acts of omission, discriminatory, organisational/institutional, domestic, modern slavery, and self-neglect (10 categories).
What are the six safeguarding principles under the Care Act 2014?
Empowerment, Prevention, Proportionality, Protection, Partnership, and Accountability.
What is the FGM mandatory reporting duty for healthcare professionals?
Regulated health and social care professionals and teachers in England and Wales must personally report to the police any case where a girl under 18 discloses she has had FGM, or where they observe physical signs of FGM, via 101 (normally within one month, or sooner if at risk).
What are the four classified types of FGM (WHO classification)?
Type 1: clitoridectomy (partial/total removal of clitoral glans). Type 2: excision (removal of clitoris and labia minora ± labia majora). Type 3: infibulation (narrowing the vaginal opening by creating a covering seal). Type 4: all other harmful non-medical procedures (pricking, piercing, cauterising).
What are the two main forms of modern slavery, and what is the referral mechanism for victims?
Human trafficking and slavery/servitude/forced or compulsory labour (Modern Slavery Act 2015). Potential victims are referred to the National Referral Mechanism (NRM); first responders submit referrals, and there is a separate 'duty to notify' the Home Office.
What is the Prevent duty and which Act places it on public bodies?
Prevent is one of the four strands of the UK counter-terrorism strategy CONTEST, aiming to stop people being drawn into terrorism. The Counter-Terrorism and Security Act 2015 places a statutory duty on specified bodies (including the NHS) to have due regard to preventing people being drawn into terrorism.
What is 'Channel' in the context of the Prevent duty?
Channel is a voluntary, confidential, multi-agency safeguarding programme that provides tailored support to individuals identified as vulnerable to being drawn into terrorism or radicalisation, following a referral and panel assessment.
Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding FAQ
What is in the Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding syllabus?
Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding is split into 3 chapters: Core Ethical and Legal Principles, End-of-Life Care and Mental Health Law and Safeguarding Children and Adults. Together they contain 16 topics and 6 sub-topics.
How many chapters are in Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding?
3 chapters, containing 16 topics and 6 sub-topics. The largest chapter is Safeguarding Children and Adults, with 6 topics.
Are there flashcards for Membership of the Royal College of General Practitioners (MRCGP) Medical Ethics, Law and Safeguarding?
Yes — a 51-card Medical Ethics, Law and Safeguarding deck, printed in full in the flashcards section of this page and available in the Examius app with spaced repetition. The free plan covers one exam of your choice, including its flashcards; Examius Pro, a one-time purchase, unlocks every other exam and deck.