In UK public law, the duty of candour is the duty imposed on a public authority 'not to seek to win [a] litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration'.[1]Lord Donaldson MR in R v Lancashire County Council ex p. Huddleston[2] stated that public servants should be willing 'to explain fully what has occurred and why'.
There is also a duty of candour referred to in various contexts as a professional, contractual or statutory duty,[3] which is imposed on all NHS and non-NHS providers of services to NHS patients in the UK to 'provide to the service user and any other relevant person all necessary support and all relevant information' in the event that a 'reportable patient safety incident' occurs. A 'reportable patient safety incident' is one which could have or did result in moderate or severe harm or death.[4]
Campaigner Will Powell [5] led a campaign for NHS managers and doctors to have a formal 'duty of candour' when dealing with complaints about negligence or poor standards of care in NHS hospitals.
In January 2014 David Behan, chief executive of the Care Quality Commission, threw his weight behind a wide definition for the statutory duty of candour which was recommended by the Francis Report.[6] The Government originally intended the duty to be limited to cases of “severe harm” – when a patient had been killed or left permanently disabled, as a wider reporting requirement could inundate organisations with unnecessary bureaucracy. The CQC estimates there are about 11,000 incidents of severe harm per year, and up to 100,000 incidents of serious harm, although there may be significant under reporting of both. The charity Action Against Medical Accidents has been campaigning for a wide definition[7] and Behan made it clear that he was supporting them.
duty, candour, patent, term, duty, candor, inequitable, conduct, public, duty, candour, duty, imposed, public, authority, seek, litigation, costs, assist, court, reaching, correct, result, thereby, improve, standards, public, administration, lord, donaldson, l. For the US patent law term duty of candor see Inequitable conduct In UK public law the duty of candour is the duty imposed on a public authority not to seek to win a litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration 1 Lord Donaldson MR in R v Lancashire County Council ex p Huddleston 2 stated that public servants should be willing to explain fully what has occurred and why There is also a duty of candour referred to in various contexts as a professional contractual or statutory duty 3 which is imposed on all NHS and non NHS providers of services to NHS patients in the UK to provide to the service user and any other relevant person all necessary support and all relevant information in the event that a reportable patient safety incident occurs A reportable patient safety incident is one which could have or did result in moderate or severe harm or death 4 Campaigner Will Powell 5 led a campaign for NHS managers and doctors to have a formal duty of candour when dealing with complaints about negligence or poor standards of care in NHS hospitals In January 2014 David Behan chief executive of the Care Quality Commission threw his weight behind a wide definition for the statutory duty of candour which was recommended by the Francis Report 6 The Government originally intended the duty to be limited to cases of severe harm when a patient had been killed or left permanently disabled as a wider reporting requirement could inundate organisations with unnecessary bureaucracy The CQC estimates there are about 11 000 incidents of severe harm per year and up to 100 000 incidents of serious harm although there may be significant under reporting of both The charity Action Against Medical Accidents has been campaigning for a wide definition 7 and Behan made it clear that he was supporting them See also editDoctor patient relationship Duty of disclosure Information disclosure statementReferences edit Guidance on Discharging the Duty of Candour at http webarchive nationalarchives gov uk 20130704203515 http www tsol gov uk Publications Guidance on Discharging the Duty of Candour pdf R v Lancashire County Council ex p Huddleston 1986 2 All ER 941 Health and Care Professions Council Understanding The Duty of Candour updated 26 January 2022 accessed 26 October 2023 Statutory duty of candour in secondary care The MDU Campaigner Will Powell joins Mistreatment com Legal Duty of Candour Robbie s Law CQC chief executive backs wider duty of candour Health Service Journal 19 December 2013 Retrieved 12 January 2014 Legal Duty of Candour Robbie s Law Action Against Medical Accidents Archived from the original on 12 January 2014 Retrieved 12 January 2014 nbsp nbsp This article relating to law in the United Kingdom or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Duty of candour amp oldid 1181988875, wikipedia, wiki, book, books, library,
