Good News about the 'Duty of Candour'

You may remember I wrote last month about Will Powell and others campaigning for a Duty of Candour (Robbie's Law) with the aim of reducing medical errors and associated cover-ups. Some of you may have signed the petition for which I gave a link. - I am delighted to report a good outcome to this long campaign:

AvMA PRESS RELEASE For immediate release
GOVERNMENT APPLAUDED FOR INTRODUCING A "DUTY OF CANDOUR"

In its response to the NHS Future Forum report published today, the Government has finally committed itself to a Duty of Candour in healthcare - an enforceable duty to be open and honest with patients or their families when things go wrong. Although the detail of how the new duty will work is not yet known, it is described as a new contractual duty on healthcare providers. Additionally, the Government has said that it will give legal force to patients' rights in the NHS Constitution, which also covers being honest about mistakes.

Peter Walsh, Chief Executive of AvMA, said:
"This is great news - potentially the biggest breakthrough in patients' rights and patient safety since the creation of the NHS. The devil will be in the detail. The duty must be clearly set out in statute and organisations who fail to comply must be held to account. But we are extremely grateful to the Government for having listened. This new duty should be known as "Robbie's Law" in honour of Robbie Powell, the young boy who became the symbol of our campaign and whose family have done more than anyone to raise awareness for the need for change".

Blackdog has written more fully about this.

Deplorable level of NHS obstetric care

Deplorable level of NHS obstetric care reported in the Daily Mail. "Peter Walsh, chief executive of Action for Victims of Medical Accidents, said: 'We never seem to make much progress with CTG failures. 'This problem has been around for years. Hundreds and hundreds of children have either been damaged or killed due to an inability to spot the warning signs of a baby in distress. I wonder if the NHS will ever learn.'"

Half of NHS Trust Hospitals are still not complying with Patient Safety Alerts

AvMA, Action against Medical Accidents, reports that half of NHS Trusts are still not complying with Patient Safety Alerts. It should really beggar belief, but somehow the repeated cavalier attitude to patient care comes to be simply what we expect of the NHS, the Health Service that puts patients last.

"AvMA today published its latest report into implementation of patient safety alerts "Too little too late?" It shows that whilst there has been a significant improvement since our report six months ago, half of NHS trusts still have not complied with at least one alert which is past its deadline. 45 trusts had not complied with 5 or more alerts, some of which were years past the deadline. Full implementation of all alerts by the deadline given is supposed to be mandatory. Each alert not implemented leaves patients at unnecessary risk and it is inevitable that non-compliance with alerts has already resulted in patients being unnecessarily harmed or even killed."

Please read again the last sentence of that extract, and think about it.
The full report can be downloaded from the AvMA website.

AvMA, a charity, is inviting signatures to a petition

AvMA, Action against Medical Accidents, a charity, is inviting people to sign a petition to urge the Government to reconsider proposals to remove clinical negligence claims from the scope of Legal Aid and to further restrict access to justice by changing the rules that govern making claims under a condition fee ('no-win no-fee') agreement.

This Telegraph article may help you to decide whether to sign it. I agree with every word of Mr Jonathan Sinclair-Wilson, as quoted in the article. The proposed removal of legal aid would certainly increase the incidences of clinical negligence and avoidable suffering ,and would therefore not save any money at all.

NHS Trusts put patient safety at risk by failing to implement safety alerts in over 1000 instances

BBC News carries this report. As you will see, the regulatory bodies respond with their usual complacency, but "There can be no excuse for trusts continuing to put lives at unnecessary risk," said chief executive of the charity, Action Against Medical Accidents, Peter Walsh.

I suggest that the highest-paid member of the NHS Trust management team be made specifically responsible for the Patient Safety Alerts being implemented, and implemented on time, with a clause in his/her contract of employment that they will be sacked without pension/testimonial/reference/right of appeal the first time they fail to do this. This, I think, would ensure that an appropriate level of importance and urgency be accorded to this measure upon which, after all, patient lives depend.

Disgraceful 'legitimisation' of NHS cover-ups of medical errors

See Telegraph report. "Peter Walsh, chief executive of AvMA, said: “It is nothing short of a national disgrace that the Government have pushed through these controversial measures."

(AvMA is the patient safety charity Action against Medical Accidents. See http://www.avma.org.uk/)

The routine cover-ups/whitewashes/blatant lies of the NHS and the medical profession, with regard to medical mistakes and negligence, and the terrible futility of the NHS Complaints Procedures, are, of course, the main reasons for the shamefully high incidence of serious patient safety incidents and horrifying hospital scandals.

Most NHS trusts are endangering patients' lives by not implementing patient safety alerts

BBC News reports that the charity, AvMA, Action Against Medical Accidents, made Freedom of Information requests to NHS hospital trusts and found that 300 (75%) of them had not complied with at least one patient safety alert despite the deadline passing.

Radio 4's File on 4 programme this evening was an investigation into this matter and I listened to it. As a victim of many years of NHS blunders and knowing only too well the futility of expecting any lessons to be learned or remedial action taken, the horrors related in the programme held no surprise or shock for me. But if you are unfamiliar with the routine lack of importance accorded patient safety in NHS hospitals (compounded as they are by the uselessness of the Complaints Procedures) then I suggest you listen to the programme when it is repeated on Sunday, 21 February, at 1700 GMT. Or you can listen via the BBC iPlayer or download the podcast.

Complaining about NHS treatment adds further difficulties for complainants. - Susan Hodges and Richard Murphy lost their baby at birth.

'Why could no one tell us why our son died at birth?'

Extract:

"Nearly two years after their baby son Oliver died soon after he was born, Susan Hodges and Richard Murphy are still waiting to have questions answered. They have found their dealings with one of London's flagship NHS trusts perplexing and frustrating. Straightforward questions about what went so terribly wrong in the crucial minutes leading up to his birth have gone unanswered.

However, their experience of hitting a 'complaints brick wall' is not uncommon. More than 100,000 complaints were received by the NHS last year, with an increasing proportion going to independent panels because of dissatisfaction with the responses from hospital trusts or primary care trusts.

Despite government promises to overhaul the complaints system, the issue has now fallen even further down the list of priorities. The plan is to create a single system for dealing with complaints about both healthcare and social care, but instead of introducing reforms quickly, the government has embarked on a new consultation, which will begin in April. Officials have said there is no plan to introduce new reforms until 2009. By then, another 200,000 people will have been caught up in the complaints system."

"The campaign group Action Against Medical Accidents (AvMA) has been calling for years for reform of NHS complaints procedures to be speeded up. Peter Walsh, its chief executive, said: 'Far too many people are trapped in a system which is unwieldy and slow, and very often insensitive to their needs. Our view is that however complicated the complaint, no trust should take more than six months to fully investigate and respond to the individuals.'"

The Healthcare Commission should be remedying this situation, which has been going on for as long as there have been complaints about NHS care, i.e. for decades. It is a national scandal.