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Francis response: Failing NHS trusts could be stripped of indemnity cover

  • 4 Comments

NHS organisations who fail to be open and honest with patients and families when they suffer poor care will be forced to pay the costs of any litigation the Government has announced today.

Health secretary Jeremy Hunt announced NHS trusts could be stripped of the indemnity cover provided by the NHS Litigation authority if they have found not to have complied with a new statutory duty of candour.

The measures were announced today as part of the government’s response to the Francis report into failures at Mid Staffordshire Foundation Trust.

Ministers have accepted 287 of the 290 recommendations made by Mr Francis including 57 in principle and 20 in part.

Under new moves to introduce an culture of openness and transparency in the health service Mr Hunt said all organisations and professionals would be required to be open with patients when mistakes happen.

The measures, which will go out to consultation, will give the NHSLA the power to remove hospitals insurance cover and could demand they reimburse all or part of any compensation paid to families.

While the government has rejected the idea of applying a statutory legal duty of candour to individual doctors and nurses the government plans to include a new explicit duty in the professional codes for doctors and nurses.

This will impose a clearer requirement to be open and transparent with patients not just on serious incidents, as Robert Francis suggested, but on all incidents “serious or not.” This will also be extended to near misses as well.

The government has also rejected the idea of making it a criminal offence to obstruct someone from raising concerns but instead will make this behaviour a breach of professional codes.

To try and embed a culture of openness Mr Hunt revealed any raising of concerns at an early stage will be considered as mitigation by professional regulators.

Mr Hunt defended the government’s decision not follow Mr Francis recommendations telling a press conference today: “Using professional codes is the right way to deal with this issues and will make it much easier for brave people like Helene Donnelly [Mid Staffs whistleblower] to speak out.”

But speaking at the same conference Robert Francis QC issued a note caution saying that while he accepted the government approach: “Speaking for myself, we need to keep a close watch on this particular area. If we keep hearing about these behaviours in the future then I will still be saying we need a criminal sanction.”

  • 4 Comments

Readers' comments (4)

  • It is possible I might be a bit confused about this - but if failing hospitals have their indemnity insurance cover removed what impact will this have on nurses who from early 2014 will be legally required to hold an indemnity arrangement in order to be registered with the NMC. It was proposed that we would be covered by our organisation - if we are unlucky enough to be working for a failing organisation then we could lose our registration? Not sure that many of us could afford to take out our own policy? Am I right here?

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  • tinkerbell

    Agree, Everyone needs openness and honesty.

    Hope the same applies to politicians.

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  • I think in the early stages using the Codes rather than crimanl charges is the way to go. We already live in a very litigious society with ambulance chasers defining bad or negligent care. It would be sheer madness to allocate another arsenal of ammunition to an already corrupt and money grabbing group such as we find amongst a certain section of the legal system in this country. Ensuring that the Code is followed will need to be a priority in each Trust if this is to work though, and will once again require transparency and honesty from all parties concerned.

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  • If they take money off Trusts already struggling with lack of finds, won't it just make it worse for the patients? Holding individuals to account would be a better solution than just making the Trust pay. However, I agree with Anonymous that nurses would be in danger of personal liability. What is needed here is an equivalent to the Medical Defence Union....

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