Following the Government’s response to the Francis report today, the Medical Protection Society (MPS) is pleased that time and care is being taken to consider whether a statutory duty of candour on individuals should be introduced. However, MPS continues to highlight its belief that high quality and effective openness in healthcare can only be achieved through a cultural shift, not legislation.
In response to the Government’s announcement today about a statutory duty of candour on providers, Dr Stephanie Bown, Director of Policy and Communications at MPS said, 'The Medical Protection Society is pleased that the Government is not going to hastily decide on a statutory duty of candour on individuals, and that it will carefully consider the scope of the statutory duty on providers. But this doesn't mean that healthcare providers should delay taking active steps immediately to bring about a more open culture, as the time for change is now.'
Culture not legislation
'MPS has long held the view that while you can mandate disclosure, legislation cannot deliver the attributes of high quality and open communication such as empathy, sincerity, and comprehensiveness. A culture change is what is needed.
We will be further highlighting to Government that despite the understandable appeal of a legislated duty, this will not achieve the objective of effective open communication. The risk of any legislation is creating a ‘tick-box’ mentality, which does not support the intensely sensitive, personalised and patient-centred conversations that should happen with patients and their families when something has gone wrong.
Legislation whereby patients and their families are only informed when there is a serious injury or death would fail to address the learning opportunities from near misses, which are free smoke alarms for patient safety.'
Encouraging healthcare professionals to be candid
'We are pleased that the Government is undertaking more work with regulators to encourage healthcare professionals to be candid with patients at all times. We know from a survey of our members that 70% said they received no or limited support when a mistake occurred. We think that improving managers’ and clinicians’ understanding of error as an inherent risk in medicine will lead to the type of environment where openness and learning is the norm.'
For more information
For further information or to arrange an interview please contact: Kelly Ley-Dahm, Media Relations Manager on +44 (0) 20 7399 1428 or at [email protected]
Notes to Editors
For more information read A Culture of Openness – an MPS perspective
Survey referred to was an online poll of 541 UK MPS members in March 2011, which involved GPs, consultants and non-consultant hospital doctors.