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