Open Disclosure Update

To increase transparency and accountability the Patient Safety Notifiable Incident and Open Disclosure Act 2023 was introduced.

It came into full effect on the 26th of September 2024.

The overall aim is to encourage openness in terms of culture if errors occur.

A lack of openness breeds mistrust in the healthcare system and affects a patient centered system.

In essence legislation for open disclosure was needed.

Now healthcare organisations are required for certain incidents which affect patients to disclosure them and transparency and timing are important.

Errors will occur, there is no way around this, but what to do when it occurs is the question.

The legislation introduced the concept of notifiable incidents that direct patient safety.

Examples of such incidents might perhaps include the wrong medication being given or the wrong blood type transfusion being administered to a patient. Errors could occur in the anaesthetic area not to mention in the high-risk area of prenatal care and delivery.

What exactly does “notifiable safety incident” mean?

 It means any incidents resulting in the unanticipated and unintended death or serious injury to the patient.

But who has to comply with this new law?

Almost everyone who is a healthcare service provider such as public and private hospitals, GPs, dentists, and pharmacists. All of these must notify the HSE following such an incident and disclosure must then be finally made to the patient.
Can you be sued if you do make such a disclosure?

To encourage transparency, no liability will attach to any such disclosure.

What if your hospital just refuses to disclose?

An unreasonable refusal to disclose can attract substantial penalties.

Any other reforming measures contained in the act?

1. The act obliges the National Cancer Screening Service to arrange a review of their screening results if requested by cancer patients.
2. It excludes clinical records from being admissible in either negligence or disciplinary actions, thereby facilitating their full release.
3. It expands the right of HIQA, the Health Authority, to inspect private hospitals and health services in the further cause of patient safety.
4. The model of the medical profession is: Do no Harm. But when harm does occur, they are now under an obligation to be transparent about it.

This act is welcome and now how it plays out on the ground is to be seen.