A politician has raised concerns about proposed health law updates that would stop people from using official apology letters as evidence in medical negligence cases.
Deputy Jonathan Renouf said he was “surprised” to see that the changes to the Draft Regulation of Care (Jersey) Amendment Law propose a “more restrictive approach” than the UK, making it harder for islanders to use duty of candour letters in legal proceedings.
Lodged by the Environment Minister last week and due for debate in September, the draft law proposes new rules for how health and care services should be regulated in Jersey – including introducing a statutory duty of candour for regulated health and care providers.
If approved, the law would require services to be open and transparent with patients when something goes wrong, including offering a written apology.
I’m surprised to see that the proposals from the government appear to involve taking a more restrictive approach regarding duty of candour letters compared to the UK
Deputy Jonathan Renouf
But embedded in the proposals, which total some 63 pages, is also a clause that any apologies issued as a result of the duty of candour cannot be used as evidence of liability in legal proceedings.
This goes further than the equivalent UK law which states that an apology “shall not of itself amount to an admission of negligence or breach of statutory duty”.
This means an apology can still be referred to or produced in court, even if it does not, on its own, amount to legal liability. It does not make apologies inadmissible as evidence.
Health and Social Security Scrutiny Panel member Deputy Renouf told Express: “I’m surprised to see that the proposals from the government appear to involve taking a more restrictive approach regarding duty of candour letters compared to the UK.
“This is something that the scrutiny panel looking at the proposed amendments to the regulations will want to examine very closely, to ensure they work in the best interests of islanders.”
