What is the significance of a Duty of Candour letter? –Consult the legal experts

Lowry,

When an error is made with a patient or their family’s care, they should receive a Duty of Candour letter from the medical professional. These letters are sent to inform a patient of the mistake and provide evidence that the doctors are learning from the incident, but the letter could also indicate that the patient has a potential claim for clinical negligence.

What is Duty of Candour?

A Duty of Candour is essentially a duty to be open and honest when a patient has been a victim of preventable harm as a result of a medical error. There are two types of Duty of Candour:

1) Professional Duty of Candour

All medical professionals have a professional duty to be transparent about the care they provide to patients. This is regulated by both the General Medical Council (GMC) and the Nursing and Midwifery Council (NMC), who provide guidance for professionals like doctors, nurses, and midwives to follow when something goes wrong.

2) Statutory Duty of Candour

Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 introduced specific standard requirements for medical professionals to be open and honest when a “notifiable safety incident” occurs.

Policies and procedures relating to duty of candour are often known by medical professionals by other names such as “Just Culture”, “Being Open”, or “Saying Sorry”.

When does Duty of Candour apply?

The statutory Duty of Candour applies when a “notifiable safety incident” occurs. Regulation 20 states that, in order for an incident to qualify as a “notifiable safety incident”, it must satisfy the following criteria:

1) The incident must have been unexpected or unintended.

2) The incident must have occurred during the provision of a regulated activity.

3) The incident must have or be able to result in death, severe or moderate harm, or prolonged psychological harm to the patient.

When an incident occurs which fulfils this criteria, a duty arises to inform the patient about the incident and apologise. The medical professional may offer to conduct an investigation into what happened, and the patient will then be provided with the information in writing.

Why did Duty of Candour come into effect?

By introducing standard requirements for when medical professionals are obligated to inform patients of an error made during their

Paul Lowry Head of Clinical Negligence,

medical care, it creates a culture of transparency and honesty. This means patients can be sure that if something goes wrong, it will not be swept under the rug by their doctors. It also means that medical staff can learn from other errors and avoid future incidents.

Patients are also able to pursue Medical Negligence claims against a negligent party when they are made aware of a negligent error during their medical treatment.

If you have suffered harm as a result of a mistake made by a medical professional, call Paul Crowley & Co solicitors today to speak to one of our expert clinical negligence lawyers.

Can you claim for Medical Negligence if a Duty of Candour letter has been received?

If you have been advised through a Duty of Candour letter that something has gone wrong with your care, you may be able to bring a successful medical negligence claim if the error then led to you suffering avoidable harm. Receiving one of these letters is often a good indication that you have a potential claim, although it does not automatically mean you would be successful in a claim against the medical professional.

If you have received a Duty of Candour letter and would like to enquire about making a claim, our friendly team of Medical Negligence solicitors at Paul Crowley & Co are here to help.

By Will

My partner and I were thoroughly drenched by the time we’d made it to Victoria Street for our evening meal at Zenn. Feeling like Brad and Janet from The Rocky Horror Picture Show, we inched gingerly past the bouncers whilst wondering what kind of restaurant requires professional security.

The first thing that hits you is the beat and next, a darkness purged by coloured neon lights. You might think you’re in the wrong place as you’re led past the gigantic projected fish tank behind the bar. Kii, our excellent and courteous server, took our drinks order. We took our eyes off the huge, placid-looking face painted on the wall and chose a Shanghai Sling (£11) and Emperor’s Mule (£11).

A quick glance at the menu told us Zenn appeared to specialise in Asian-inspired cuisine. I began with Duck Spring Rolls (£11) and my partner went for the Crispy Pork Wantons (£10). After a satisfying crunch into my first roll, I was met with a wave of sweet flavour that implored me to have another bite. I didn’t think it could get better until

I’d paired them with the plum sauce. The wantons were incredible as well. Served on a bed of apple sauce, the flavour was sublime when dipped in their accompanying soy sauce.

For my main, I ordered the 10oz Ribeye Steak (£32) and my partner chose the 8oz Wagyu Piranha (£55), both electing to add Triple Cooked Chips as a side (£4.50). The ribeye was delectable. Cooked to perfection, it was juicy and flavourful. We had a choice of peppercorn or teriyaki sauce but it required neither. The highlight of the evening however had to be the Wagyu. I’d only ever heard about this Japanese beef, famous for its umami flavour, spoken in culinary legend. As I lifted a donated piece from my partner’s plate into my mouth I asked: “How good could it really be?...”. It was worth every penny and fully deserves its transcendent status.

For dessert, we split a Sticky Toffee Pudding (£9) and Cookie Dough Vanilla Ice Cream (£10). Desserts are the most gloriously childish part of any meal and should remain so. I hate perfectly presented, fancy puddings that are nothing but a crumb with a swirl of chocolate sauce. Thankfully, Zenn agreed. The toffee pudding was a gigantic tower resting on a lake of caramel sauce, with a scoop of ice cream sitting atop the column like a creamy Nelson. The other dessert was a cookie just shy of melted, bathing in chocolate and hugging a scoop of vanilla. This exceptional finale left us reclining like decadent Roman emperors struggling to see over our bellies.

It’s hard to pin down what Zenn is trying to be. Your eyes and ears tell you it’s a club while your stomach guarantees you it’s an astounding restaurant.

This disconnect was exemplified between courses. The lights changed from green to red. The fish tank became a lava lamp. The DJ kicked things up a notch. The revolving searchlights periodically blinding me, mixed with the thumping in my chest, made me feel like I was being forced to sneak over the Berlin Wall in the middle of my dinner.

Zenn is an excellent springboard for a night on the town and culinarily it sets a high bar… maybe look elsewhere for your nan’s birthday meal though.