Closed consultation

How NHSLA can support duty of candour in the NHS

• From: Department of Health and Social Care
• Published: 11 February 2015

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

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Summary

Seeks views on giving the NHS Litigation Authority powers to reduce NHS trusts’ indemnity cover when they break duty of candour rules.

This consultation ran from
9:30am on 11 February 2015 to 11:45pm on 27 March 2015

Consultation description

We want to know whether the NHS Litigation Authority (NHSLA) should be able to recover part of an NHS trust’s indemnity cover for claims where the statutory duty of candour (a legal responsibility to be open with patients) about patient safety has been breached. This means that the trust would be responsible for reimbursing the NHSLA for part of a successful claim against that trust.

The NHSLA would continue to make any compensation payments due to the patient.

It also sets out a number of other options for how the work of the NHSLA can support candour and openness in NHS trusts and foundation trusts and other providers of NHS care.

This proposal was originally set out in Hard Truths, the government response to the Francis Inquiry.

Documents

Improving patient safety and openness: the role of the NHS Litigation Authority in incentivising the duty of candour

PDF, 351 KB, 17 pages

Published 11 February 2015