NHSLA issues guidance encouraging trusts to apologise

The NHS Litigation Authority (NHSLA) last month issued further guidance encouraging trusts to apologise to patients.

A leaflet issued by the NHSLA, Saying Sorry, covers:

  • How should apologies happen?
  • Who should say sorry?
  • What if there is a formal complaint or claim?
  • Is an apology the same as an admission of liability?
  • What about the staff involved.

The leaflet, which can be viewed here, also sets out a number of key messages on issues such as timeliness, information, on-going support and confidentiality.

The NHSLA said: “Saying sorry when things go wrong is vital for the patient, their families and carers, as well as to support learning and improve safety. Of those that have suffered harm as a result of their healthcare, 50% wanted an apology and explanation. Patients, their families and carers should receive a meaningful apology – one that is a sincere expression of sorrow or regret for the harm that has occurred.”

The authority said it had always encouraged trusts to issue a verbal apology to patients as soon as staff become aware that an incident had occurred. “A written apology, which clearly states the healthcare organisation is sorry for the suffering and distress resulting from the incident, must also be given.”

The NHSLA added: “Saying sorry is not an admission of legal liability; it is the right thing to do. Healthcare professionals should explain that new information may emerge as an investigation is undertaken, and that patients, their families and carers will be kept up to date with the progress of an investigation.

“It is important that all healthcare organisations create an environment in which members of staff are encouraged to report patient safety incidents. Staff should feel supported throughout the investigation process because they too may have been traumatised by being involved.”