The Duty of Candour was created because of concerns about the behaviour and lack of transparency in some NHS Trusts, and aims to build trust between healthcare professionals and patients who have suffered harm.
So the fact that an NHS Trust has been prosecuted for not discharging this duty is a stark reminder to healthcare professionals that they must remain open and transparent.
These are fundamental principles to our Medical Negligence Solicitors, who are always keen to work with the NHS to settle compensation claims, and encouraged dialogue and positive engagement. Every time we settle a claim, we want to achieve two things - the best possible settlement for our client and for the NHS to learn lessons for the future, so the same mistakes aren’t made again.
We’ve found that by using methods such as Mediation, both sides have a chance to speak directly to each other in a non-confrontational setting, and both come away genuinely understanding each other’s point of view.
The fact that a prosecution has been made by the CQC regarding the Duty of Candour will hopefully lead to more NHS Trusts acting in the spirit of openness and working to settle claims amicably and constructively.
Does Duty of Candour apply to Armed Forces Medics?
If you are still serving in the British Armed Forces or are a veteran and were treated by medics in the armed forces, then it’s important to know that Duty of Candour also applies. If you think that you have received negligent treatment you may have a claim for compensation. The process for making a compensation claim works in exactly the same way as it would as if you had been treated under the NHS.