The creation of professional and statutory duties of candour has formalised the requirement for clinicians and healthcare organisations to be honest with patients and families when treatment has gone wrong. This article explains the background to creating both duties, analyses the concept of candour, the role of apologies, and considers evidence about compliance. It argues that making candour a statutory requirement appropriately reflects the ethical imperative of telling the truth about harm and is a powerful signal for honesty. However, being candid is not easy in the context of complex professional cultures, the realities of delivering care in under-funded health systems, and in the shadow of possible legal and regulatory proceedings. Proposals in the current Health and Care Bill to create investigatory 'safe spaces' which prohibit the disclosure of information submitted to the Health Service Safety Investigations Body undermine candour. This article argues against such proposals, which are both wrong in principle and highly problematic in practice. Candour should be respected as a cardinal principle governing not only the conduct of those providing care, but also those who investigate such incidents. Harmed patients and their families deserve to know the whole truth.
Download full-text PDF |
Source |
---|---|
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC9155592 | PMC |
http://dx.doi.org/10.1093/medlaw/fwac004 | DOI Listing |
Br J Nurs
April 2023
Lecturer in Law, Birmingham Law School, University of Birmingham, discusses several reports on the statutory and professional duty of candour and the latest NHS Staff Survey.
Video recording is widely available in modern operating rooms. Here, I argue that, if patient consent and suitable technology are in place, video recording of surgery is an ethical duty. I develop this as a arguing for professional and institutional duties, as distinguished for A professional duty to protect is described in mental healthcare.
View Article and Find Full Text PDFMed Law Rev
May 2022
Centre for Health, Law and Society, University of Bristol, Bristol, UK.
The creation of professional and statutory duties of candour has formalised the requirement for clinicians and healthcare organisations to be honest with patients and families when treatment has gone wrong. This article explains the background to creating both duties, analyses the concept of candour, the role of apologies, and considers evidence about compliance. It argues that making candour a statutory requirement appropriately reflects the ethical imperative of telling the truth about harm and is a powerful signal for honesty.
View Article and Find Full Text PDFArch Dis Child
April 2016
Department of Anaesthesia, Royal London Hospital, London, UK.
Although the new guidance may appear daunting, health professionals should be reassured that it intends to support and strengthen their professional practice and create a more open culture to improve transparency and patient care
View Article and Find Full Text PDFBr J Nurs
February 2016
Senior Lecturer in Health Law, College of Human and Health Sciences, Swansea University.
Nurses now have a statutory and professional duty to be open and candid with patients about any errors in their care and treatment. A professional duty of candour is a key requirement of the revised Code from the Nursing and Midwifery Council (NMC, 2015). Nurses are also subject to a statutory duty of candour imposed on their employer.
View Article and Find Full Text PDFEnter search terms and have AI summaries delivered each week - change queries or unsubscribe any time!