Hospital prosecuted in first-ever case for 'lack of candour' after woman's death

University Hospitals Plymouth Trust is first hospital to be prosecuted under duty of candour laws

An NHS trust has been charged with breaching duty of candour laws by the Care Quality Commission (Getty Images/iStockphoto)

An NHS trust is to appear in court tomorrow charged with breaking the law on being open and transparent after a woman’s death in the first ever court case of its kind.

The Care Quality Commission has brought a criminal prosecution against University Hospitals Plymouth Trust which will appear at Plymouth Magistrates Court tomorrow morning.

The trust is charged with breaching the duty of candour regulations under the Health and Social Care Act 2008 which require hospitals to be honest with families and patients after a safety incident or error in their care.

Hospitals are legally required to notify patients or families and investigate what has happened and communicate the findings to families and offer an apology.

The case relates to how the Plymouth trust communicated with a woman’s family after her death which happened after she underwent an endoscopy procedure at Derriford Hospital in December 2017.

The trust was required by law to communicate in an open and transparent way. The CQC has accused the trust of failing to do this.

The law on duty of candour was brought in after the Mid Staffordshire Hospital scandal where hundreds of patients suffered abuse and neglect. It was one of 12 new fundamental standards created in 2015 following the public inquiry by Sir Robert Francis QC.

They include new laws on staffing, patient safety, and consent.

The Care Quality Commission has previously issued fines and warning notices for breaches of duty of candour but has never before prosecuted a trust in court.

The case is due to be heard in full at Plymouth Magistrates Court at 10.30am Wednesday.