Presented by Dr Oliver Quick, University of Bristol Law School

Providers of health and social care in England are under a statutory duty to be open and honest with patients who suffer medical harm. This "duty of candour" was introduced as Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

This has been hailed as a landmark for openness and transparency and as having the potential for enhancing a safety culture in healthcare. However, the creation of this duty was contentious and it raises a number of complex issues for healthcare professionals and providers.

This paper will analyse the background to the legal duty and consider the obstacles to its effective implementation.