For several years now the NHS (less so the private providers of
healthcare) have reviewed their approach to incidents where
something goes wrong. There is of course the duty of candour which
requires all NHS staff to act in a transparent way where things
have gone wrong. NHS Resolution, who deal with claims, provide
guidelines and advice in these circumstances. As a clinical
negligence specialist dealing with claimants, the usefulness of the
duty of candour varies somewhat depending on whether it is really
applied.
The result of failures to make an early admission is often that
the clients start litigation. The patient has no choice but to
consider litigation to receive an appropriate response and also to
obtain compensation for the harm that has been caused. Litigation
is a slow process, particularly where there is a failure to admit
fault and harm. It can mean that there may be three or four more
years before that issue is resolved and the claimant obtains
