The Health Secretary, Jeremy Hunt has recently announced plans to introduce new laws which could result in criminal sanctions against health and social care staff. The government intends to introduce
The Health Secretary, Jeremy Hunt has recently announced plans to introduce new laws which could result in criminal sanctions against health and social care staff. The government intends to introduce new legislation creating an offence of 'wilful neglect' which would require a conscious or deliberate failure to perform a duty, due to negligence or mistreatment. Initial details suggests that the offence will be punishable by up to 5 years in prison or a fine, similar to the existing legislation under s.44 of the Mental Capacity Act 2005 for treatment of individuals who lack capacity or have a mental illness.
The proposals are a result of a series of reviews relating to patient safety which followed the Mid Staffordshire Inquiry and are designed to improve standards of care. International expert, Professor Don Berwick was commissioned by the Government to consider patient safety within the NHS during 2013 and recommended this new offence as part of his findings.
It is important to note that managers and non-clinicians would also be held accountable for any wilful, reckless behaviour which results in either death or serious harm to patients or service users. This legislation would not be applicable to incidents where mistakes may have been made but will focus on deliberate neglect of individuals where the professional concerned is responsible for a duty of care.
The new laws are thought to act as a deterrent for behaviour leading to extreme cases of poor care which rarely result in criminal prosecution under the current system. However, there is some apprehension that this may add to the culture of fear and blame, inadvertently preventing staff from reporting concerns. This means that the proposals may well contradict the earlier recommendations for reform relating to the statutory 'duty of candour' explored by Sir Robert Francis. It seems that the Government has chosen to rely on strengthening the professional duty which is already in place.
Whilst most people would agree that wilful neglect resulting in harm to patients should be a criminal offence, the difficulty is understanding how the offence will be defined and work in practice. There is some doubt over whether those actually committing the crime will be detected and held to account.
The BMA Chair, Dr Mark Porter has expressed his concerns about such a threat against medical professionals. The Medical Defence Union and Royal College of Nursing are also of the view that the current sanctions available are appropriate for public protection; highlighting systemic failings and staffing levels as a problem which needs to be addressed.
It will certainly be interesting to see how all of these proposals will be implemented and how exactly wilful neglect will be interpreted, alongside the regulatory measures and other offences such as corporate manslaughter, gross negligent manslaughter and misconduct in public office.
The proposals are a result of a series of reviews relating to patient safety which followed the Mid Staffordshire Inquiry and are designed to improve standards of care. International expert, Professor Don Berwick was commissioned by the Government to consider patient safety within the NHS during 2013 and recommended this new offence as part of his findings.
It is important to note that managers and non-clinicians would also be held accountable for any wilful, reckless behaviour which results in either death or serious harm to patients or service users. This legislation would not be applicable to incidents where mistakes may have been made but will focus on deliberate neglect of individuals where the professional concerned is responsible for a duty of care.
The new laws are thought to act as a deterrent for behaviour leading to extreme cases of poor care which rarely result in criminal prosecution under the current system. However, there is some apprehension that this may add to the culture of fear and blame, inadvertently preventing staff from reporting concerns. This means that the proposals may well contradict the earlier recommendations for reform relating to the statutory 'duty of candour' explored by Sir Robert Francis. It seems that the Government has chosen to rely on strengthening the professional duty which is already in place.
Whilst most people would agree that wilful neglect resulting in harm to patients should be a criminal offence, the difficulty is understanding how the offence will be defined and work in practice. There is some doubt over whether those actually committing the crime will be detected and held to account.
The BMA Chair, Dr Mark Porter has expressed his concerns about such a threat against medical professionals. The Medical Defence Union and Royal College of Nursing are also of the view that the current sanctions available are appropriate for public protection; highlighting systemic failings and staffing levels as a problem which needs to be addressed.
It will certainly be interesting to see how all of these proposals will be implemented and how exactly wilful neglect will be interpreted, alongside the regulatory measures and other offences such as corporate manslaughter, gross negligent manslaughter and misconduct in public office.