New duty advice

The Dental Defence Union (DDU) said this as the duty came into effect in all new contracts for provision of NHS healthcare from April 1, 2013.

The DDU says dentists working in hospitals will need guidance about what is required of them under the new duty and has issued advice explaining how it will sit with their existing professional duty to be trustworthy.

The DDU’s dento-legal adviser, Leo Briggs, said: 

“The new standard NHS contract is being used by all organisations commissioning NHS healthcare services, with the exception of services
commissioned under primary care contracts. The contract requires all providers of services to NHS patients to comply with the duty of candour and the commissioning body can recover up to £10k from the provider if there is a breach. 

“For very many years we have advised our members to let patients know as soon as something goes wrong and to apologise if appropriate, explaining what has happened and what they are going to do to put it right.  Dentists also have a professional duty to do this, so it is nothing new in itself. But it is in the interests of all providers to ensure they have guidance in place for members of staff about the contractual duty of candour and set out how the organisation will comply.