Duty of Candour - being open and saying sorry

You have been given this leaflet to explain what the Duty of Candour means and how we are complying with the requirements for your care as a patient.

NHS Borders has always been committed to being open and honest with patients when things go wrong. Duty of Candour is a new law which came into force on 1st April 2018. This means that all providers of health and social care across Scotland must be open and honest with the people they care for. It also applies to dentists, GPs, commissioners, care homes, pharmacies and opticians, amongst others.

Healthcare is very complex and things can change very quickly and unexpectedly. Occasionally, things do not go to plan and a patient can be harmed despite our best intentions and efforts. Duty of Candour applies to an adverse event that has caused significant harm. For example: an increase in treatment or a permanent reduction of health or functional ability that is related directly to the adverse event or when a patient has died.

We regret every case of harm to our patients but we make sure we use the opportunity to learn and prevent similar things happening again.

The Duty of Candour is a formal requirement to be open and honest with patients if they have suffered harm.

This means that if you suffer any unexpected or unintended harm during your care we will:

• Speak to you or your next of kin/representative to discuss what happened, your condition and your ongoing care.
• Carry out an appropriate level of investigation. All of the facts may not be clear at the time of the event so staff may not be able to answer all of your questions until we have fully investigated.
• Treat you with dignity and respect and apologise to you.
• Give you the name of a person to speak to should you have any further queries or concerns.
• Share the investigation findings with you. If you are not in a condition to receive the information, for example if you are too ill or recovering from an anaesthetic, staff will inform your next of kin or the person named by you in your healthcare record.

If you would like more information about Duty of Candour please contact:

The Patient Safety Team within the Clinical Governance & Quality department:
Telephone 01896 826072 or email patient.safety@borders.scot.nhs.uk 

The Duty of Candour does not affect your right to complain. You can make a formal complaint if you are not happy with any aspect of your care, even if your concerns are not affected by Duty of Candour.

Send your complaint to the Patient Experience Team:

Telephone: 01896 826719 or email: feedback&complaints.patientexperienceteam@borders.scot.nhs.uk

If you need a large print, easy read, audio or translated copy of this document, please contact us on tel: 01896 826719. We will try our best to meet your needs.

Adapted from: University College London Hospitals NHS Foundation Trust “Duty of Candour – being open and saying sorry” leaflet 2015