NHS doctors must apologise and explain when something goes wrong with a medical procedure, under a new statutory duty of candour.
Medical staff were already under a contractual and ethical duty of candour, but placing the duty on a statutory footing for organisations employing medical and social care staff makes it enforceable under law. According to the Medical Defence Union, the organisation or its representative must tell the patient in person as soon as reasonably practicable after a notifiable safety incident occurs, give a full explanation, provide reasonable support, give the patient a written note of the discussion and keep copies of any correspondence.
The statutory duty, imposed through the Care Quality Commission regulations, applies to NHS organisations but may be extended to other providers next April.
The Association of Personal Injury Lawyers (Apil) welcomed the change. John Spencer, president, says: “Honesty and transparency is a huge step forward as the majority of those injured just want an explanation of what went wrong and why, alongside the knowledge that lessons have been learned. People want answers, they want to hear the words ‘I’m sorry’ and to find out the truth, but often they face a bureaucratic brick wall.”
