Landmark legislation makes it mandatory for patients to be told about serious safety incidents

Cork patient advocate Margaret Murphy welcomed the legislation saying it means disclosure is no longer only optional.

Health Minister Stephen Donnelly described it as a “landmark piece of patient safety legislation". He said:  

It will serve an important role in progressing a cultural change in our health service whereby, together, we create space for openness and transparency in our everyday actions.

“Ireland has made another great stride forward in our suite of patient safety legislation and this will signal a new era for the health service.” 

There is now a list of serious patient safety incidents which must be disclosed to the patient and/or their family. These include incidents leading to death or serious injury.

Those events must also be shared with the appropriate reporting body.

One section of the Act deals with patient interaction with cancer screening services. The National Screening Service is now obliged to tell patients of their right to ask for a review of their screening results.

This was campaigned for by 221+ in the wake of controversies linked to CervicalCheck highlighted by Vicky Phelan.

Another key issue is an expansion of the health regulator Hiqa’s remit into some areas of private healthcare. They can now set standards, monitor compliance and carry out inspections as they do in public healthcare.

A further section on the chief inspector’s power to review incidents linked to nursing homes will commence shortly after further work according to the Department of Health.

Mr Donnelly said open disclosure means health services can “engage openly, transparently and compassionately with patients and their families when things go wrong”.

Poor communication, he said, has been at the heart of many safety issues.

“It is so important that when things go wrong, there is an understanding of what has happened and an assurance that it will not happen again,” he added.

The act applies to HSE and HSE-funded organisations as well as private hospitals, GPs, dentists and pharmacists.

Ms Murphy has campaigned for improvements in patient safety since the death of her son at just 21 years of age and is a board member of the Irish Patients Association (IPA).

“Disclosure is no longer an option. You must disclose because it's the law,” she said.

The IPA also noted the advocacy of Vicky Phelan, Stephen Teap, and Lorraine Walsh for these changes.

“Tragic incidents have highlighted the urgent need for a law addressing the consequences of delayed or non-disclosure of critical information,” spokesman Stephen McMahon said.

“Such failures often leave patients and families in the dark, worsening their suffering. This enhances accountability among healthcare providers and prioritises the statutory rights of patients.”