The Duty of Candour is a professional and legal obligation in the UK healthcare system, requiring healthcare providers and organisations to be open, honest, and transparent with patients, especially when things go wrong in their care. This duty is essential for fostering trust between patients and healthcare professionals, ensuring accountability, and continuously improving the quality of care.
Key Aspects of the Duty of Candour
- Being Transparent with Patients
- When a patient has suffered harm or could potentially suffer harm due to a mistake or unforeseen complication, healthcare providers must inform the patient (or their family) about what happened.
- This includes sharing facts about the incident, explaining what actions are being taken to address it, and providing a sincere apology.
- Professional and Organisational Duty
- The statutory Duty of Candour applies to healthcare organisations, such as NHS Trusts, which are legally required to follow set procedures when a “notifiable safety incident” occurs.
- For individual healthcare professionals, the professional Duty of Candour requires them to act honestly and openly with patients. Regulatory bodies like the Nursing and Midwifery Council (NMC) and General Medical Council (GMC) enforce this duty for nurses, doctors, and other healthcare professionals.
- Notifiable Safety Incidents
- Notifiable safety incidents are incidents that result in moderate or severe harm or death, requiring healthcare providers to inform patients (or their representatives).
- These can include any unintended or unexpected event that causes lasting harm or necessitates additional treatment.
- Providing an Apology
- Part of the Duty of Candour involves offering a genuine apology to patients or their families when something has gone wrong. Apologising is an important aspect of taking responsibility and is also vital for maintaining trust.
- Importantly, an apology does not imply liability or fault but acknowledges the impact on the patient and their right to know what occurred.
- Documenting and Investigating Incidents
- Healthcare organisations are required to record and investigate incidents to understand the root causes and make changes to prevent similar events in the future.
- This includes keeping clear documentation of the communication with patients or families, any explanations given, and the steps taken in response.
- Learning from Mistakes
- Duty of Candour is linked to a commitment to quality improvement. It encourages organisations to treat incidents as learning opportunities, reviewing practices and implementing changes to improve safety.
Importance of the Duty of Candour
- Patient Trust: By being open, healthcare providers help maintain trust and transparency.
- Safety Culture: The Duty of Candour promotes a culture of safety where healthcare providers feel accountable and committed to continuous improvement.
- Legal and Ethical Obligation: Healthcare professionals and organisations are held to both legal and ethical standards under the Duty of Candour, with consequences for failing to uphold this responsibility.