Duty of Candour to be reviewed?

In April 2015 the Duty of Candour was extended from the NHS to cover independent healthcare and adult social care providers. However, the Health Service Journal has reported that the Department of Health is planning a public consultation on changing the duty as it applies to non NHS organisations. This apparently arises because of criticism by the Action against Medical Accidents (AvMA) charity.

The Duty of Candour as it applies to the independent sector currently covers incidents that caused death, severe or moderate harm. However, NHS organisations are also required to identify incidents that “could have resulted” in death, severe or moderate harm which is a wider obligation than that imposed on independent organisations as it requires “near misses” to be subject to the Duty of Candour approach, rather than just incidents that actually cause harm.

AvMA have apparently threatened to take judicial review proceedings in relation to the existence of two differing approaches and it remains to be seen whether any changes to the system will be implemented.

FOOTNOTE:

1 Health Service Journal 8th July 2015

If you have any questions relating to this briefing, please contact Andrew Parsons.

Andrew Parsons
e: andrew.parsons@rlb-law.com
t: 020 7227 7282
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RadcliffesLeBrasseur Awards

RadcliffesLeBrasseur are delighted to announce that they have recently received two awards for their work in the healthcare sector.

Global Law Experts have awarded RadcliffesLeBrasseur the accolade of Healthcare Law, Law Firm of the Year in England 2015 as part of the 6th Annual Global Law Experts Awards. Shortlisted candidates were judged on client testimonials, key cases, legal rankings, overall reputation, publication contributions, speaking engagements and the standing of its team.

The firm has also been selected as the winner in the category of Healthcare Law Firm of the Year UK by the Lawyer Monthly Legal Awards 2015, which recognises the achievements of law firms who have a proven track record in delivering results for their clients over the previous 12 months.


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