The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 was enacted on 2 May 2023. The aim of the Act is to bolster patient safety within healthcare and to encourage open, honest communication between doctors and patients when something goes wrong during medical treatment.
The Act, under Section 6, requires practitioners to notify the health service provider of incidents in a timely manner. Where the health service provider is satisfied that a notifiable incident has occurred, then they are obliged to arrange a meeting with the patient and/or relevant person. This includes, under Section 18, the right to be informed of a diagnosis, prognosis, treatment options and recovery.
Schedule 1 of the Act sets out a list of ‘notifiable incidents’ which require mandatory disclosure. This list only concerns incidents resulting in death. However, the Minister for Health, under Section 8, has the power to define additional incidents as ‘notifiable incidents’. This is expected to be utilised for incidents which are not fatal, but result in life-changing and life limiting injuries.
There are non-compliance penalties which are intended to underscore the importance of adherence to such reporting requirements. Section 77 of the Act provides that failure to comply without a reasonable excuse will amount to a criminal offence and shall be liable on summary conviction to pay a class A fine up to the maximum of €5,000.
The Act also extends the remit of the Health Information and Quality Authority (HIQA) to private hospitals.
The Act is built around the principle of duty of candour, which is a legal obligation for healthcare providers to be open and honest with patients when something goes wrong with their care. The Act enshrines this duty in legislation for the first time in Ireland
The Act aims to ensure proactive risk mitigation for providers; it is hoped that in turn this will foster increased trust. It is important for practitioners and patients alike to familiarise themselves with this new legislation.
It remains to be seen whether the legislation will lead to improvement in doctor-patient communications and a better quality of care for patients.
This Act creates new legal rights and obligations for patients and healthcare providers. We can help you to understand the implications that the Patient Safety Act 2023 may have on you.
For further information, contact a member of our litigation team here at Mullany Walsh Maxwells LLP Solicitors.