NHS Duty of Candour

Since April 2023 all NHS organisations in Wales have been legally required to adopt the Duty of Candour. This requires them to be open and transparent with people who experience harm whilst receiving health care.

This duty acknowledges that people may experience harm in spite of the dedicated workforce of the NHS doing their best in challenging circumstances. Its aim is to encourage trust and openness so that people can be confident in the care they receive.

It applies when the care provided has, or may have, contributed to unexpected or unintended:

1. Moderate harm

This is where a patient experiences a moderate increase in treatment and significant, but not permanent, harm.

An example would be where medication is given despite it being documented in the patient’s notes as an allergy, and this leads to a significant reaction requiring four or more days in hospital before full recovery.

2. Severe harm

This is where a patient suffers permanent disability or loss of function.

An example would be where medication is given despite it being documented in the patient’s notes as an allergy, and this leads to permanent damage to the brain other organ.

3. Death

An example would be where medication is given despite it being documented in the patient’s notes as an allergy, and this leads to the patient passing away.

When an NHS organisation identifies that the duty of candour applies, they will be required to:

• Talk to the patient about the incident that has caused harm in person, whether by telephone, video-call or face-to-face
   
• During that conversation they must:
  i) apologise
  ii) explain what is known at that time
  iii) explain the next steps
  iiii) provide a point of contact to support the person through the process of investigating the incident
   
• Send a letter within 5 working days confirming what was said during the in-person notification
   
• Investigate what happened and why in order to:
  a) learn and improve from the incident; and
  b) find ways to stop similar incidents from happening again.

The investigation may lead to the NHS organisation offering to fund legal advice and representation from specialists in this area such as JCP Solicitors. 

If you are contacted about the Duty of Candour and would like advice about this, please contact our specialist team for a free consultation by calling 03333 209244 or email law@jcpsolicitors.co.uk