1.2. Explain how duty of care relates to the duty of candour

Course- Level 3 diploma in care (RQF)

Unit 3 –Duty of Care in Care Settings

L.O 1 – Understand how duty of care contributes to safe practice

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1.2. Explain how duty of care relates to the duty of candour

The duty of care is a legal obligation that requires that individuals take reasonable steps to protect others from harm. The duty of candour refers to the requirement for healthcare professionals to be open and honest with patients about any mistakes or adverse events which have occurred in their treatment.

Breaching the duty of candour can result in civil or criminal penalties, so it’s important for healthcare professionals to understand how it applies to them. In general, the duty of candour applies whenever there has been an adverse event that has caused harm or could have caused harm to a patient. This includes any type of medical error, such as wrong diagnosis, surgery on the wrong body part, or giving a patient the wrong medication.

It’s important to note that the duty of candour is not limited to medical errors. It also applies, for example, when adverse events occur as a result of an error in judgment, such as surgical difficulties due to obesity. As well, it would apply if a patient refused treatment and was later admitted to the hospital with complications from the underlying illness (e.g., a diabetic who didn’t follow the advice and later needed dialysis).

In addition to the duty of candour, there is a related legal obligation for healthcare professionals to fully inform patients about all risks that may result from any treatment or procedure. The professional standard is that patients must be informed of anything that could reasonably affect their decision-making.

There are many reasons why hospitals and other health institutions require their physicians and other healthcare professionals to report adverse events. The main reason is that hospitals want to prevent future errors by making changes when they occur, but can only do this if the mistakes are disclosed. Another reason for disclosing mistakes is that it helps hospitals maintain public trust in their ability to provide safe care.

Compliance with the duty of candour typically requires physicians and other healthcare professionals to make a written report to their superiors whenever an adverse event occurs, regardless of whether it causes harm. The idea is that the sooner senior management is made aware of mistakes, the more quickly they can be addressed and prevented from happening again.

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