The following case is fictitious but based on the types of calls we receive to the MDU advice line.

The scene

A consultant oncologist contacted the MDU advice line after receiving a letter from a solicitor representing the estate of a patient who had recently died.

The doctor knew the patient and family well. The patient had been under her care for several years following a diagnosis of metastatic breast cancer, but she was nonetheless shocked to read the letter, which explained that the patient had left her £1,000 in his will.

The consultant was very touched at the patient's kindness, but needed advice on whether it would be appropriate to accept the gift.

Our advice

The adviser agreed that it was a lovely gesture, but that the doctor must consider her ethical and contractual requirements before making a decision.

The adviser explained that the oncologist's employer would likely have a policy on gifts, and that she should follow it. This policy may be in line with NHS England's policy on managing conflicts of interest, which states that gifts under £50 do not need to be declared.

However, their advice is that gifts over this value should be treated with caution, and only accepted on behalf of an organisation (for example, to an organisation's charitable funds), not in a personal capacity. Staff should declare such gifts and provide a clear reason why it was considered permissible to accept the gift, alongside the actual or estimated value.

The adviser also discussed the GMC's guidance on identifying and managing conflicts of interest. This makes it clear that doctors must not encourage patients to give, lend, or bequeath money or gifts to themselves or anyone close to them, or their workplace.

The same guidance also says that if a patient says they plan to bequeath money, the doctor should explain that they cannot accept it.

Finally, if a gift is presented to a doctor, as in this scenario, it can only be accepted if of minimal value, referring here to the NHSE guidance, which sets that limit at £50. If any bequest or gift is accepted, it must be declared in line with local and national arrangements, and noted in the patient's records.

Outcome

Having discussed the guidance, the oncologist felt that she would not be able to accept the bequest, and planned to write back to the solicitor to explain this. She suggested that the family consider whether donating it to a charity instead would have been in accordance with the patient's wishes, which in the end is what they chose to do.