MPS comments on duty of candour review
Post date: 07/03/2014 | Time to read article: 1 minsThe information within this article was correct at the time of publishing. Last updated 14/11/2018
The Medical Protection Society (MPS) welcomes the importance placed on a culture of openness in the review of the threshold for the statutory duty of candour; but is concerned about when the duty will apply.1
MPS has called for a culture of openness in the NHS for several years and is pleased to see that the review states that candour is not an ‘add-on’ but should be part of a wider commitment to safety, learning and improvement.
Doctors already have professional responsibilities to be open with their patients and MPS believes that the new duty should act only as a final legal safeguard in the most severe cases, where there is death or serious harm.
Dr Pallavi Bradshaw, a medicolegal adviser at MPS said, 'MPS has long advocated an open culture of learning and improvement rather than one of blame for professionals when something goes wrong. We need an environment where staff are trained and supported in admitting errors and learning from mistakes and we are pleased to see the report recommends that time, money and effort be invested in this.
The report acknowledges that a compliance-based approach will fail, making it all the more important that the new legal obligation is correctly focused where it can make a difference.
In certain circumstances, identifying the extent of harm can be difficult and is a matter of judgement. Too broad a statutory definition will mean many more instances of a duty to report, a more extensive monitoring system and more confusion and fear amongst professionals due to the subjective judgements needed for lower levels of harm.'
Please contact Kim Watson, Press Officer at MPS on +44 207 399 1409 or email [email protected] for more information.
1. Following the Government's response to the Mid Staffordshire Public Inquiry, Professor Norman Williams, President of the Royal College of Surgeons, and Sir David Dalton Chief Executive of Salford Royal Hospital, were asked by the Secretary of State for Health to lead a review on two proposals to enhance candour in the NHS. Read their review ‘Building a culture of candour’ here
