The Health Secretary has been warned that he faces legal action unless he revises the new regulations requiring NHS and social care institutions to hold their hands up and admit when something has gone wrong in a patient’s treatment.
The new regulations, called duty of candour, were widely welcomed when they were brought in following the scandal at Mid-Staffordshire trust. They require patients or their relatives to be told when an incident during treatment has caused significant harm. The rules apply to NHS and private health care and social care providers.
But now leading patient charity, Action Against Medical Accidents (AvMA) has said the way the regulations have been drafted means that private clinics and hospitals and GP surgeries could avoid admitting harm in cases where cause and effect are less obvious.
AvMA has now given the Department of Health until Friday 19th June to respond or it will seek a judicial review. Their argument hinges on the words “could lead to”.
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Filed under: GP's, Hospital, NHS, Duty of Candour