It is true that the NHS is not always transparent when patients suffer harm, as Baroness Amos has found in her probe into maternity safety. All too often the NHS does not adhere to its statutory duty of candour, which requires openness and honesty when things go wrong. 

A lack openness prevents vital lessons from being learned to prevent needless harm, suffering, and heartbreak from being repeated. At the core of all NHS spending on litigation is negligence which could and should be avoided.

Failing to be honest also drives up the NHS’s bill for compensating patients and families. Cases drag on needlessly, and require much more work from victims’ lawyers because the NHS is holding on to all of the information about what happened. Often families are in the dark until they bring a claim.

The approach to patient safety is too fragmented. We have yet another investigation which highlights the human cost that comes with a lack of clear strategy to keep mums and babies safe. Strong leadership with clear links between patients, regulators, healthcare providers, and policymakers is needed desperately.

Guy Forster

Vice president

Association of Personal Injury Lawyers (APIL)