A statutory Duty of Candour came into force on 27th November, meaning NHS Trusts must now inform a patient when a mistake is made regarding their care.
The guidance states that a patient should be told when ‘notifiable safety incident’ has been made. This includes an incident that has caused at least moderate harm, or has the potential to result in moderate harm.
Therefore medical practitioners must admit their mistakes, even if the patient has not actually been injured. The patient will then have the right to influence an investigation.
The Care Quality Commission (CQC) will monitor and regulate the compliance of NHS Trusts. A single serious breach, a pattern of breaches or a failure to enforce the duty can lead to regulatory action.
According to the charity Action Against Medical Accidents (AvMA), the new duty “is a massively important development and potentially the biggest advance in patients’ rights since the creation of the NHS.”
Have you been harmed by medical mistakes?
Under the new statutory Duty of Candour, medical practitioners must not only admit their mistakes, they must also say sorry. If the patient wishes, the apology can be put into writing.
This will help many victims of medical error, many of whom simply want an apology. Sadly this has not been commonplace in the past, when the NHS would almost always deny any wrong-doing.
Even when a medical negligence claim is made against an NHS Trust, it is rare for there to be an admission of guilt. Despite this, Claimants often say pursing legal action provides a sense of closure, and enables them to obtain some form of redress.
Would you like to make a claim?
To make a medical negligence claim against a hospital, please get in touch with us at Glynns Solicitors.
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