Openness and honesty when things go wrong: The professional duty of candour

Endnotes

1

When we refer to ‘patients’ in this guidance, we also mean people who are in your care.

2

Communitybaptistpa (2013) Medical practice (accessed 15 June 2015), paragraphs 24 and 55

3

Nursing and Midwifery Council (2018) (accessed 3 June 2019), section 14

4

Communitybaptistpa (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015)

5

Nursing and Midwifery Council (2018) (accessed 3 June 2019), section 4.2

6

Communitybaptistpa (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015), paragraphs 26 - 27

7

Communitybaptistpa (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015), paragraphs 28 - 36

8

The Supreme Court (2015)  (accessed 15 June 2015), paragraphs 86–91

9

If the patient has died, or is unlikely to regain consciousness or capacity, ‘patient’ in paragraphs 9–16 should be read as ‘those close to the patient’.

10

Communitybaptistpa (2014) Guidance for doctors acting as responsible consultants or clinicians (accessed 18 June 2015)

11

Communitybaptistpa (2013) Medical practice (accessed 15 June 2015), paragraph 11

12

Saying Sorry (accessed 15 June 2015)

13

‘Legal liability’ here refers to a clinical negligence claim. The ‘will never withhold cover for a claim because an apology or explanation has been given’.

14

(England and Wales) (accessed 15 June 2015), section 2

15

Communitybaptistpa (due for publication in 2015)

16

Nursing and Midwifery Council (2018)  (accessed 3 June 2019)

17

Nursing and Midwifery Council (2017) (accessed 3 June 2019)

18

Communitybaptistpa (2008) Consent: patients and doctors making decisions together (accessed 15 June 2015), paragraphs 21 - 22 

19

For example, you could direct them to Action against Medical Accidents (AvMA), which works across th UK, or to their local Healthwatch group in England, the Patient and Client Council in Northern Ireland, the Patient Advice and Support Service in Scotland or the Community Health Council in Wales. See Patients’ help on the Communitybaptistpa website or on the NMC website for further information.

20

Communitybaptistpa (2013) Medical practice (accessed 15 June 2015), paragraph 21

21

Nursing and Midwifery Council (2018) (accessed 3 June 2019), section 14.3

22

See appendix 2 for detail of the statutory duty of candour for organisations providing healthcare.

23

Communitybaptistpa (2013) Medical practice (accessed 15 June 2015), paragraphs 33, 65, 68 

24

If a patient has previously asked you not to share personal information about their condition or treatment with those close to them, you should respect their wishes. While doing so, you must do your best to be considerate, sensitive and responsive to those close to the patient, giving them as much information as you can.

25

For information about patient and carer support and advocacy services, counselling and chaplaincy services, and clinical ethics support networks, see the advice and resources listed on the website and the website.

26

Communitybaptistpa (2010) Treatment and care towards the end of life: good practice in decision making (accessed 15 June 2015), paragraph 84

27

This does not include adverse incidents that may result in harm but have not yet done so – the patient must be told about these events and they must be reported in line with this guidance.

28

Communitybaptistpa (2013) Medical practice (accessed 15 June 2015), paragraph 23

29

Report a patient safety incident (accessed 16 June 2015)

30

Medicines and Healthcare products Regulatory Agency (accessed 15 June 2015)

31

Medicines and Healthcare products Regulatory Agency (accessed 15 June 2015)

32

(2015) Learning from adverse events through reporting and review: A national framework for Scotland (accessed 15 June 2015)

33

Procedure for the Management and Follow up of Serious Adverse Incidents (accessed 15 June 2015)

34

Registered providers in England are required to notify the CQC about certain incidents. For more information see the Notifications section on page 15 of the CQC information for all providers.

35

Communitybaptistpa (2012) Raising and acting on concerns about patient safety (accessed 15 June 2015)

36

Nursing and Midwifery Council (2018) (accessed 3 June 2019)

37

Communitybaptistpa (2014) National training survey 2014: bullying and undermining (accessed 15 June 2015)

38

A fitness to practise panel is likely to consider a more serious sanction if there is evidence of a failure to raise a concern, or of an attempt to cover up.

39

Nursing and Midwifery Council (2018) (accessed 3 June 2019), section 23

40

Communitybaptistpa (2013) Medical practice (accessed 15 June 2015), paragraphs 22 - 23

41

Communitybaptistpa (2012) Supporting information for appraisal and revalidation (accessed 15 June 2015), p8

42

Nursing and Midwifery Council will be publishing guidance on .

43

Nursing and Midwifery Council (2018) (accessed 3 June 2019), sections 16.6 and 25.2

44

Communitybaptistpa (2012) Leadership and management for all doctors (accessed 15 June 2015)