Seen that two.
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Or just as much questions about boards which hide behind legal team. "We were just acting on the legal advice."
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Has failure of duty of candour ever been tested in courts? Trusts and medics are supposed to help courts reach the correct conclusion.... but it's clear that that's a standard that's rarely met.
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As with reg 5
@CareQualityComm can take regulatory action other than prosecution. Personal experience is that even when you report a breach no proper investigation. And no discussion. -
you can rely on it e.g. when disclosure not forthcoming but often lacks teeth. Something that should be given more focus and bite to make trusts get their act together, esp in inquests where they can really drag their feet on basic things like medical records.
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Statute is clear enough. Sanctions are there. DoC required because of widespread untruthfulness. Yet 3+ years on and what has it achieved.
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Quite. Perhaps we need to be more willing to deploy it and test it through courts. Which isn’t ideal.
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What if a Medic had made 'truly exceptionally bad' errors leading to harm but had employed DoC..
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IMHO DoC would be a requirement to ensure learning and justice & would not be an immunity to consequences. Consequences would become more severe or criminal if DoC is not followed. In fact, failure to be honest even if no failure of care are found should still be prosecuted.
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