Improving patient safety and openness

Closed 27 Mar 2015

Opened 11 Feb 2015


Hard Truths stated that the Government would consult on proposals that organisations should reimburse part or all of the NHS Litigation Authority’s (NHSLA) compensation costs when they have not been open about a safety incident which subsequently becomes a claim for clinical negligence. 

The Government has now introduced a statutory duty of candour for all health and care organisations registered with CQC, requiring openness when things go wrong.

Hard Truths proposed that where the NHSLA finds that a Trust has breached that statutory duty of candour about a patient safety incident which results in a claim, the NHSLA could have the discretion to reduce or remove that Trust’s indemnity cover for that claim. The NHSLA would continue to make any compensation payments due to the patient.



Why We Are Consulting

This consultation seeks views on the proposal of whether the NHSLA should have the discretion to recover part of the cost of a claim, provided by Clinical Negligence Scheme for Trusts, where the Trust is found to have breached the Duty of Candour.


  • Foundation Trusts
  • NHS Commissioning Board
  • Clinical Commissioning Groups
  • Regulatory body
  • Trade union
  • Members of the public
  • Patients
  • Patients
  • Carers
  • Service users


  • Accountability
  • Health scrutiny
  • Clinical Governance
  • Complaints
  • Feedback
  • Regulation