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Patient Disclosure

Patient Disclosure

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 was signed into law in May 2023 and has commenced in September 2024.
The Act introduces a legal requirement to disclose a list of specific incidents called ‘notifiable incidents’.

These notifiable incidents are described in the Act such as misdiagnosis, etc. The Act requires health service providers to be open and transparent with patients, their families, or both depending on the patient’s wishes.

The Act outlines a process for such open disclosure giving patients and their families much needed information which in previous times caused great hardship to receive. The Act also requires mandatory notification of the notifiable incidents to the appropriate regulatory body.

FAQ’s

  1. The Patient Safety Act in Ireland applies to both public and private healthcare providers.
  2. The Act introduces penalties for non-compliance by healthcare providers, including:
  • Fines of up to €5,000 if, without valid reason, a provider does not:
    • Hold an open disclosure meeting or review of a cancer screening incident, even in cases where the patient or their representative initially declined but later requested it, or where they were initially unreachable but later returned to the service.
    • Report a notifiable patient safety incident to the relevant authority, such as HIQA, the Chief Inspector, or the Mental Health Commission.

The Patient Safety Act in Ireland requires open disclosure for the following notifiable incidents:

  1. Performing surgery on the wrong patient, leading to an unintended and unanticipated death.
  2. Performing surgery on the wrong body site, resulting in an unintended and unanticipated death.
  3. Carrying out the wrong surgical procedure, resulting in an unintended and unanticipated death.
  4. Unintended retention of a foreign object following surgery, leading to an unanticipated death.
  5. Any unintended and unanticipated death of an otherwise healthy patient undergoing elective surgery, where the death is directly linked to the surgical operation or anesthesia administration (including recovery from anesthesia effects).
  6. Any unintended and unanticipated death that is directly connected to any medical treatment.
  7. Patient death due to the transfusion of ABO incompatible blood or blood components, where the death was unintended and unanticipated.
  8. Patient death associated with a medication error, where the death was unintended and unanticipated.
  9. An unanticipated death of a pregnant woman within 42 days of the end of the pregnancy, from any cause related to or exacerbated by the management of the pregnancy, and which did not arise from or was a consequence of the patient’s illness or underlying condition.
  10. An unanticipated stillbirth or perinatal death.
  11. An unintended death where the cause is believed to be the suicide of a patient while receiving care in a healthcare setting.

If you would like to know more about this, please call us today to arrange a consultation. Please telephone Eoin Powderly on: +353 1 6284333 or email: contactus@powderlysolicitors.ie

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