Duty of candour: paying the price for failing to be open and honest
Details
University Hospitals Plymouth NHS Trust has been fined £1,600 and asked to pay costs of £10,845 and a victim surcharge of £120 for failing to comply with its obligations under the duty of candour regulations. The Trust pleaded guilty to breaching Regulation 20 of the Health and Social Care Act 2008 at Exeter magistrates’ court on 23 September 2020. This is the first time the CQC has prosecuted an NHS trust for lack of transparency and not apologising in a timely way.
The matter related to the death of 91-year old Elsie Woodfield at Derriford Hospital in December 2017. Mrs Woodfield suffered a perforated oesophagus during an endoscopy procedure. The procedure was subsequently abandoned and Mrs Woodfield was transferred back to the ward for observation. While on the ward, she deteriorated and passed away. The Trust later failed to communicate, in an open and transparent way, what had happened with Mrs Woodfield’s family.
The duty of candour was a recommendation arising out of the Francis Inquiry into care provided at Mid Staffordshire NHS Foundation Trust. The regulations apply not only to NHS organisations, but also to private providers. NHS organisations have previously been fined for failing to comply with the regulations, but this was the first successful prosecution in court.
It remains to be seen as to whether we can expect to see more of these prosecutions, but no doubt the outcome of this case will serve as a stark warning of the possible implications of failing to comply with regulatory duty to be open and transparent with patients and their families. Nigel Acheson (CQC deputy chief inspector of hospitals) following the hearing said that ‘this case sends a clear message that we will not hesitate to take action when that does not happen’.
Our firm can offer advice and training on the duty of candour to any organisation that believes it would be of assistance.
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