In an era where patient safety is paramount, the introduction of the Patient Safety
(Notifiable Incidents & Open Disclosure) Act 2023 marks a significant step towards enhancing transparency and accountability within the Irish health care system. This legislation, designed to promote a culture of safety and open communication, aims to protect patients and improve health outcomes in Ireland.
Key Objectives of the Act:
The Patient Safety Act focuses on several core objectives:
1. Enhancing patient safety:
The primary goal is to reduce the occurrence of notifiable incidents – events that result in patient harm when receiving healthcare. In introducing mandatory reporting and analysis of these notifiable incidents, the Act is attempting to identify trends and implement preventative measures in order to avoid similar events occurring in the future.
2. Open disclosure:
The Act emphasises the importance of open disclosure, requiring healthcare providers to communicate transparently with patients and their families about incidents that have led to harm. Where an apology is made to a patient or family member by a health service provider at an incident disclosure meeting, this will not constitute an express or implied omission of fault or liability. The importance of the apology is that it fosters trust between the patient (and/or their family) and the healthcare provider and allows them to make informed decisions regarding their care or the impact of an adverse event on them.
3. Systematic Reporting:
The Act establishes a framework for the systematic reporting of notifiable incidents. Healthcare facilities are required to document and report these incidents to relevant authorities, ensuring that data is collected and reviewed.
4. Promoting a Safety Culture:
By encouraging a safety-first mindset, the Act aims to create an environment where staff feel comfortable reporting incidents without fear of repercussions. This cultural shift in Ireland is crucial for effective learning and improvement within our healthcare system.
Key Provisions of the Act:
1. Definition of Notifiable Incidents:
The Act provides a clear definition of what constitutes a notifiable incident, including surgical errors, such as the wrong surgical procedure performed on a patient resulting in an unintended and unanticipated death.
Additional notifiable incidents include the following:
- Medication error.
- An unanticipated and unintended death of a woman whilst pregnant.
- An unanticipated and unintended stillborn child where the child is born without a fatal foetal abnormality.
- An unanticipated and unintended death of a baby.
- A baby who is referred for or considered for therapeutic hypothermia (head cooling).
In our opinion, as specialist medical negligence solicitors, we believe that all events that result in an adverse patient event or patient harm should be deemed to be notifiable incidents.
2. Reporting Obligations:
Healthcare providers are now required to report notifiable incidents to certain bodies within a specified timeframe. It is hoped that this will ensure timely intervention to avoid similar events occurring in the future.
3. Open Disclosure Requirements:
The Act outlines the process for open disclosure, including the necessity of informing patients and families about what occurred, the potential impacts, and the steps being taken to prevent future incidents.
4. Training and Resources
Healthcare providers are now required to provide training for staff on patient safety principles and the open disclosure process.
5. Monitoring and Evaluation:
The Act includes provisions for ongoing monitoring and evaluation of patient safety practices. It is hoped that this will ensure that measures are implemented in response to notifiable incidents to avoid similar events occurring in the future.
Benefits for Patients and Healthcare Providers
The benefits of this Act are very significant as improved transparency, and accountability, will lead to better patient outcomes and a reduction in similar incidents in the future. It is also likely that open disclosure and transparency will reduce litigation against hospitals and healthcare providers.
View Press Release Of the Act
Conclusion
The Patient Safety (Notifiable Incidents & Open Disclosure) Act 2023 represents a crucial advancement in the healthcare landscape in Ireland. By prioritising patient safety and promoting open communication, the Act aims to create a safer environment for patients and healthcare providers alike. As the healthcare sector continues to evolve in Ireland, the successful implementation of this legislation will be vital in ensuring that patient safety remains a priority in Irish hospitals and healthcare settings.
If you require further information, please contact our office by emailing us at info@rachaelliston.ie or by phone on 01 912 3240.