Saying sorry when things go wrong
The Duty of Candour is a legal duty on all NHS and social care provider bodies registered with the Care Quality Commission (CQC) to inform and apologise to patients, family and carers if there have been mistakes in their care that have led to significant harm.
Candour is defined by Sir Robert Francis as: “The volunteering of all relevant information to persons who have or may have been harmed by the provision of services, whether or not the information has been requested and whether or not a complaint or a report about that provision has been made”. This page explains what you should expect if an incident occurs.
What is covered by the Duty of Candour?
The ‘Being Open’ principles and ethical duty of openness apply to all incidents and any failure in care or treatment.
The Duty of Candour applies to incidents whereby moderate harm, severe harm or death has occurred to a patient.
What to expect when an incident occurs
As soon as reasonably practicable after becoming aware that a safety incident has occurred whereby moderate harm, severe harm or death has occurred to a patient, the Trust must:
- Inform you and your family and carers of the incident, in person in a sensitive way.
- Offer practical and emotional support to you and your family/ carers in relation to the incident.
- Provide you with an account of all the known facts about the incident and be honest in responses to any questions that you may raise.
- Inform you of what will happen next i.e. further enquiries into the incident and/or investigations to be undertaken.
- Include a meaningful apology with a sincere expression of sorrow or regret for any harm or distress caused.
- Follow up the notification and apology in writing.
- Keep you and your family/carers informed of any investigation and the outcome of this.
What if the Trust fails to comply?
The Trust is registered with the Care Quality Commission (CQC) and if we fail to comply with the Duty of Candour, regulatory action may be taken.
In the most serious cases, the Trust could face criminal prosecution.
If you think the Trust is in breach of the Duty of Candour, please raise your concerns with us in the first instance. This can either be with the health professional with whom you have most contact, or by making a complaint through the Trust’s complaints process.
You can contact the CQC directly
Care Quality Commission (CQC)
Tel: 03000 61 61 61
Visit: www.cqc.org.uk
You can find the full regulations themselves and the CQC guidance for organisations on how to comply at: cqc.org.uk/duty-candour
