Scenario

A GP contacted the MDU to seek advice on a social media message they had received from another doctor. A few days earlier the GP had seen an elderly patient in clinic with a significantly raised tumour marker. The GP had not previously seen a test for this tumour marker return such an elevated result.

After work the GP posted in a closed Facebook group for doctors with the suggestion that they play 'top trumps' and shared his patient's blood test result. Several other doctors then posted the highest level of the tumour marker they had come across.

A few days later the doctor got a private message from another GP in the group who had seen his post. She explained that her father had called her with the bad news that his tumour marker was raised and was audibly upset by this.

She also explained that when she had read the original GP's post she realised it was describing her father's case - the test result figure shared was the same as that which her father had relayed to her and had been posted on the same day he had received his news. She was able to confirm her suspicions by doing an online search for the GP's name which showed he worked at the practice where her father was registered.

She was extremely angry that her father's health and recent bad news had been used for humorous 'banter' online. She demanded a written apology and explanation to be sent to her father with the threat of a GMC referral if she remained dissatisfied.

Guidance and advice

The above scenario is fictional, but representative of the increasing number of queries we receive relating to social media. The GMC's 'Doctors' use of social media' (2013) outlines the general principles for doctors to consider when posting online and contains two paragraphs very relevant to this case:

13. Although individual pieces of information may not breach confidentiality on their own, the sum of published information online could be enough to identify a patient or someone close to them.

14. You must not use publicly accessible social media to discuss individual patients or their care with those patients or anyone else.

Unfortunately many doctors are led into a false sense of security by the fact they are posting in a closed group which is intended solely for doctors. The illusion of security is often supported by the fact that some groups ask for prospective members to provide their real name and GMC number by way of checking they are actually a doctor.

In addition, while there may be the expectation of camaraderie from fellow doctors it is worth bearing in mind the statistics in the GMC's The state of medical education and practice in the UK report: 2016. According to this report, 9% of complaints about doctors in 2015 came from other doctors. The number of these complaints is now slowing, but between 2011 and 2014 the number rose by an average of 11% per year.

Top tips, not top trumps

So what should doctors consider before posting comments about colleagues and patients on social media?

  • Many of these closed groups have hundreds, if not, thousands of members.
  • Some sites require the doctor to provide their name and GMC number, but it's not always possible to verify identities online.
  • Even among fellow doctors there will be variations in opinion on what is humorous and what is unprofessional.
  • Be mindful of how a patient may be identified even if their name is not given and how posting may unintentionally breach their confidentiality.
  • Similarly, when sharing copies of letters written by colleagues or others, just redacting the identifiers on the letter may not be enough to protect the patient or sender's identity.
  • Consider how the individual the post is about would feel if they read your comments. Patients go to doctors with the expectation of confidentiality.

While all of the above points may seem obvious, and while it is tempting to blow off steam in the virtual company of other doctors, it is important to recognise the potential problems with inappropriate social media posts, particularly those about patients. There have been several cases reported in the media where doctors who have made derogatory comments about colleagues or patients have been reported to regulatory bodies by other social media users.

Before posting online, even in closed groups, consider what the purpose of the post is, who may read it and how easy it is for someone to take a screenshot of your post and forward it on.

Resolution

The MDU member was given advice on how to approach this complaint, and after a written response and a meeting with the patient and his daughter no further action was taken. The daughter was able to explain to the GP in person how unprofessional and disrespectful she had found his post, particularly at a time when her family had received bad news. The GP appreciated this and sincerely regretted the distress his post had caused.


This article was correct at publication on 18/11/2016. It is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

Dr Ellie Mein

Medico-legal adviser

MB ChB MRCOphth GDL LLM

Ellie joined the MDU as a medico-legal adviser in 2013. Prior to this she worked as an ophthalmologist before completing her Graduate Diploma in Law in Birmingham.

See more by Dr Ellie Mein