ONE of the 62 rheumatology patients who received a formal apology letter from the Health Department after a damning review said she is “appalled” by plans to change the law to make these documents inadmissible in court.
The JEP this week revealed that the Draft Regulation of Care (Jersey) Amendment Law includes a clause that states that any apologies issued as a result of the “duty of candour” cannot be used as evidence of liability in legal proceedings.
A duty of candour letter is provided to service users, their family, or carers after something has gone wrong with their healthcare.
At the start of this year, 62 patients who were subject to “potential harm” were sent formal duty of candour letters from the Health Department following an external review of Jersey’s rheumatology department.
One of these patients, who wished to remain anonymous, told the JEP that she was “lost for words” after learning about plans to change the law.
She said: “In my opinion, it’s just another way of trying to get out of paying patients who should be awarded compensation.
“I feel quite angry and frustrated. It’s a further injustice to people like me that could lead to all sorts of psychological impacts.
“I know many of the patients that are awaiting court cases or the compensation scheme, are suffering with anxiety and depression.
“I think a lot of it is because there isn’t going to be a lack of closure… How can you move forward when you know you’ve got this hanging over you?”
The woman added: “The sense of being wronged and the lack of recourse is really traumatic. I think it will cause a sense of resentment and the feeling of being let down again by the Health Department.”
Following queries from the JEP, the government clarified that the proposed legislation would not apply to claims already under way.
But rheumatology patients have until 2027 to file claims, following the Health Minister’s decision to extend the usual time limit, and the law changes are due to be debated in September.
The patient said: “Time is ticking, and we’ve only got till 2027 to actually take these rheumatology claims forward.
“It will be appalling if this amendment comes in before other people actually even have a chance of taking their claims forward.”
She explained that, when she initially received the duty of candour letter regarding her rheumatology care, she was “quite comforted” by it.
“I thought that was really owning up to something in writing and giving an apology.”
But now, she asked: “Are these duty of candour letters even worth anything? Are they worth the paper they’re written on?.. If they’re not going to be admissible in court, then they’re not really worth anything.”
Deputy Hilary Jeune, who chairs the panel due to scrutinise the proposed law changes, said she would be seeking justification from Environment Minister Steve Luce, who lodged the proposed law.
With the review yet to get underway, she said she could not share a panel view, but added: “…For me as a standalone deputy, I would question why we would need to go further than UK – especially as that is quite an unusual move and would question what is the justification for it.”
