NHS can no longer hide mistakes due to legal Duty of Candour
- Dec 1, 2014
- EmmaArnold
The Duty of Candour, the legal duty for the NHS to be open and honest with patients or their families when things go wrong, has now come into force.
PotterReesDolan published how the charity Action Against Medical Accidents (AvMA) released their response to the draft report a few weeks ago.
AvMA have been campaigning for this Duty of Candour for years but, after the recommendation from Sir Robert Francis following the Mid Staffordshire public enquiry, the Health Secretary finally agreed to it.
Peter Walsh, Chief Executive of AvMA, said: “We applaud the Government for having the courage to give zero tolerance to cover ups. However, we now need serious investment in awareness raising and training for staff to help realise the full benefits of this bold initiative and make cover ups a thing of the past.”
The new laws mean that any hospital, community or mental health trusts have to inform and apologise to patients if there have been mistakes in their care that have led to significant harm
The Duty of Candour is a milestone in the history of the NHS and is an important step in ensuring a more honest and open culture in the NHS, particularly when things go wrong.
Under the new regulations, all NHS board members will be required to undergo the Fit and Proper Person’s Test to ensure safe leadership in the health organisations.
The test will include an assessment of the individual’s character and whether they have the right qualifications, skills and experience for the role.
The Care Quality Commission (CQC) will check that strong systems are in place during their inspections.
The Duty of Candour will be extended in April 2015 to cover GPs, private healthcare, social carers and other primary care practitioners.
Helen Dolan, head of Clinical Negligence at PotterReesDolan, said:
Finally, we have a statutory which enshrines what, frankly, should always have been in place but has so frequently been lacking; a duty to be open and honest with patients when things go wrong.