We are fortunate to live in a country with a national health service which provides treatment free at the point of contact. Those working in the NHS at every level are working harder than ever to deliver the services which, prior to the pandemic, we took for granted.
As patients, we are entitled to receive a reasonable standard of care – and in the vast majority of cases that standard is met. Where do we stand when things go wrong, however?
In this article, focusing on NHS care, Julia Hurlbut, Head of Medical Negligence at Jackson Lees, explains what duties healthcare professionals have when things go wrong.
There is legislation which imposes a legal duty on healthcare professionals to inform patients when treatment results in harm – physical or psychological. This is termed as the ‘Duty of Candour’ and it exists to help patients understand when things have gone wrong.
Why do we need this legislation?
While it is true that doctors have always had a professional duty to inform patients when things go wrong, the inquiry into Mid-Staffordshire Hospital revealed that this was sadly not the reality.
In response to the recommendations of the inquiry, and to campaigns fought by Will Powell, the father of Robbie who died aged 10 in 1990 as a result of negligence, and by the patient safety charity, AvMA (Action against Medical Accidents) the government introduced the statutory ‘duty of candour’ – otherwise known as ‘Robbie’s Law’.
What is the duty of candour?
This is where the doctor or other healthcare professional is open and honest with the patient and/or their family when things have gone wrong.
Julia Hurlburt
How and when is the duty of candour triggered?
This is triggered when things have gone wrong, namely an unintended or unexpected consequence of treatment that has resulted in, or could result in, premature death, or injury of the patient.
What should I expect when the duty of candour is triggered?
Firstly, you should be invited to a meeting with the person at the NHS Trust who is dealing with the investigation as soon as practicable. At the meeting, you would be informed, so that you understand, what happened; and why this may have caused you or your loved one harm.
You should be given a sincere apology and you would be informed as to what further steps are being taken, for instance the Trust may investigate the matter further if not all the relevant facts are known. You should also be offered support to help you cope with the incident.
You would be kept informed as the investigation progresses and then be invited to a further meeting to discuss the findings. You should also be told (if applicable) what is being done to ensure this error does not occur in the future. You would also be given a written record of the investigation and its findings.
From the Trust’s point of view, the incident would be investigated not to lay blame on individuals, but to find out how and why the error occurred so that things can be put right through learning.
What if I believe the Trust are not complying with the duty of candour?
It is advisable that you take this up with the doctor or healthcare professional directly to start with. If you remain dissatisfied, you are entitled to report the Trust to the CQC (Care Quality Commission) who have the power to prosecute.
What is at the heart of all of this is patient safety. This is paramount. Lessons learned means less mistakes, less mistakes means better healthcare.
Since lockdown began, we have remained very much open for business virtually and continue to handle all client cases and new enquiries as if we were in the office. We are able to offer telephone consultations, and, where practical, video meetings.
If you or a loved one has been affected by substandard medical treatment, you may be able to claim medical negligence compensation to help you move on from this mistake and put your life back together.
For a free consultation with one of our legal team call us on 0808 159 8144 or email enquiry@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk.
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