Law change "strips expressions of candour of their meaning"

APOLOGIES issued as a result of the duty of candour can no longer be used as evidence of liability in legal proceedings after politicians unanimously voted to approve changes to the law that regulates health and care services in Jersey.

The States Assembly last night approved changes to the Draft Regulation of Care (Jersey) Amendment Law.

As a result, local health services will now be required to be open and transparent with patients when something goes wrong – including offering a written apology.

But the move also means that any apologies issued as a result of this obligation – which is called the “duty of candour” – cannot be used as evidence of liability in legal proceedings.

Ahead of the debate, Jersey lawyers raised concerns that the changes would impact Islanders’ ability to bring clinical negligence claims to court.

By rendering apologies contained in letters of candour inadmissible, the law will deny plaintiffs – who may have suffered life changing injuries as a result of medical negligence – the ability to rely on evidence which is plainly relevant to their case
Advocate George Pearce

Viberts partner Advocate Giles Emmanuel described the proposals as “illogical”, whilst Advocate George Pearce from BCR Law said the move would “strip expressions of candour of their meaning”.

Advocate Pearce said that the law changes deny patients, who may have suffered life changing injuries as a result of medical negligence, the ability to rely on evidence “which is plainly relevant to their case”.

“An apology loses its weight if it cannot be connected to redress,” he added.

“Patients may rightly wonder: if these letters don’t ‘count’ in legal contexts, what purpose do they serve? An empty gesture, or PR exercise?”

Advocate Pearce explained: “Preserving the ability of patients to rely on apologies contained in duty of candour letters in clinical negligence claims is not just a legal technicality, it is a matter of fairness, transparency, and respect.

“Apologies in such letters serve as affirmations of truth and humanity, providing victims with validation and a foundation on which to build their case.

“Denying their admissibility breaks trust, disempowers plaintiffs, and can only serve to weaken the integrity of Jersey’s healthcare accountability.”