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Duty Of Candour Nmc

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Duty of Candour: A Nurse's Guide to Openness and Transparency



The Nursing and Midwifery Council (NMC) Code outlines a "duty of candour," a legal and ethical obligation requiring nurses to be open and honest with patients and their families when something goes wrong in their care. This duty isn't just about admitting mistakes; it's about fostering trust, improving patient safety, and learning from incidents to prevent future harm. This article will explore the key aspects of the NMC's duty of candour through a question-and-answer format.


I. What exactly is the NMC's duty of candour?

The NMC's duty of candour requires nurses to be open and honest with patients and their families if something has gone wrong with their care that has caused, or has the potential to cause, significant harm. This "something" encompasses a broad range of events, from medical errors to communication breakdowns, and includes near misses. It's not about blame, but about acknowledging what happened, explaining its impact, and outlining steps to prevent recurrence. The duty extends to providing timely and honest information about the incident, its impact, and the investigation's progress.


II. What constitutes "significant harm"?

Significant harm is not strictly defined but considers the severity and impact on the patient. It goes beyond minor inconveniences and encompasses events that could reasonably be expected to cause significant distress, prolonged pain, or a lasting impact on the patient's physical or psychological well-being.

Example: A medication error resulting in a prolonged hospital stay would constitute significant harm. A minor allergic reaction appropriately managed would not. A missed diagnosis leading to a delayed treatment with subsequent complications would be considered significant harm.

III. What are my responsibilities under the duty of candour?

Your responsibilities include:

Recognising when something has gone wrong: This involves self-reflection and honest assessment of your actions and those of your team.
Apologising: A sincere apology acknowledges the patient's suffering without admitting liability.
Explaining what happened: This requires clear and understandable communication, tailored to the patient's needs and understanding.
Explaining the impact: This involves detailing the consequences of the incident on the patient's health and well-being.
Providing information about investigations: Keep the patient and family updated on the progress of any investigations.
Offering appropriate support: This can include referrals to other healthcare professionals or support groups.
Reporting the incident: Following your trust’s internal reporting procedures is crucial.


IV. What if I'm not sure if something constitutes significant harm?

When in doubt, it’s always better to err on the side of caution and discuss the situation with your senior colleagues or your designated reporting officer. Open communication within the team is vital in ensuring transparency and appropriate response.


V. What happens if I fail to meet the duty of candour?

Failure to meet the duty of candour can have serious consequences, including disciplinary action from the NMC, legal action from the patient, and damage to your professional reputation. The NMC may investigate and potentially impose sanctions ranging from a caution to striking you off the register.


VI. How can I prepare myself to fulfil the duty of candour?

Maintain accurate records: Comprehensive and accurate documentation protects you and your patient.
Develop strong communication skills: Practice clear and empathetic communication.
Understand your trust's policies and procedures: Familiarise yourself with your workplace's reporting mechanisms and guidelines on managing incidents.
Seek support: Don’t hesitate to seek guidance from senior colleagues, mentors, or the NMC if needed.


Takeaway: The NMC's duty of candour is not about apportioning blame but about fostering a culture of openness, transparency, and accountability within nursing practice. It prioritizes patient safety and well-being by promoting honest communication and learning from mistakes to prevent future harm.


FAQs:

1. Can I invoke confidentiality when dealing with a duty of candour situation? No, the duty of candour overrides confidentiality in situations where significant harm has occurred or is likely to occur. However, you should still maintain appropriate confidentiality regarding unrelated information.

2. What if the incident was caused by a colleague's negligence? You have a duty to report the incident through the appropriate channels, even if it involves a colleague. The focus is on patient safety and learning from the event.

3. What if my employer tries to prevent me from fulfilling my duty of candour? You should escalate the concern to your professional body, the NMC, or potentially external regulatory bodies. Your duty of candour to the patient outweighs any pressure from your employer.

4. Is the duty of candour only applicable to clinical errors? No, it applies to any event that causes or has the potential to cause significant harm, including communication failures, system failures, and organisational issues.

5. What support is available to nurses who have to fulfil the duty of candour? Many trusts provide support services, including psychological support, legal advice, and guidance from senior management. The NMC also provides resources and guidance on its website.

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