Duty of Candour

Duty of candour is a legal and ethical obligation of healthcare professionals, organisations, and their staff to be open and transparent with patients or their representatives when things go wrong.

This principle ensures that patients and their families receive accurate and timely information about any incidents, errors, or adverse events that may have occurred during their care. This includes any consequences or potential harm that may have resulted from such events.

How does duty of candour relate to medical negligence claims?

The duty of candour applies to all healthcare professionals that the Care Quality Commission (CQC) regulates, whether they work for the NHS or private healthcare organisations. This can help anybody looking to make a medical negligence claim in the following ways:

• Accountability and honesty: The duty of candour fosters a culture of accountability and openness within the healthcare sector. When medical professionals and organisations are transparent about errors or incidents, patients can make informed decisions about their treatment options and any potential personal injury claims.
• Requirement for an apology: Under the duty of candour, healthcare professionals must provide an apology to the affected patient or their family. This can provide some emotional relief to the injured party and help to restore trust in the healthcare system.
• Timely investigation and resolution: Healthcare providers must conduct a thorough and timely investigation of the incident or error. This process can help identify any systemic issues or areas for improvement, which can lead to better patient care and prevent similar incidents from happening in the future.
• Easier to establish medical negligence: By having a legal framework that requires openness and transparency, the duty of candour can make it easier for patients to establish negligence in a medical negligence claim. The information disclosed by healthcare professionals can provide crucial evidence to support the patient’s case and assist their legal team in proving that the duty of care owed to the patient was breached, resulting in injury or harm.
• Compensation for the injured party: The duty of candour can play a significant role in the compensation process for personal injury claims arising from medical negligence. By obtaining accurate and timely information about the incident, the injured party may be better positioned to negotiate a fair settlement or be awarded appropriate compensation by the court.

In summary, the duty of candour is a critical aspect of our healthcare system, designed to promote transparency and accountability.

This principle directly impacts medical negligence cases, as it ensures that patients and their families are provided with accurate information about any incidents, errors, or adverse events that may have occurred during their care.

By fostering an open and honest culture within the healthcare sector, the duty of candour can help improve patient safety, support the claims process, and contribute to fair compensation for those injured due to medical negligence.

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Last edited on 17th Dec 2024

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.