Civil Liability (Amendment) Act 2017

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Number 30of 2017

CIVIL LIABILITY (AMENDMENT) ACT 2017

CONTENTS

PART 1

Preliminary

1. Short title and commencement

PART 2

Amendment of Civil Liability Act 1961

2. Periodic payments orders - insertion of Part IVB in Civil Liability Act 1961

PART 3

Amendments to Other Acts

3. Amendment of section 3 of Insurance Act 1964

4. Amendment of Bankruptcy Act 1988

5. Amendment of Taxes Consolidation Act 1997

6. Amendment of section 17 of Civil Liability and Courts Act 2004

PART 4

Open Disclosure of Patient Safety Incidents

Chapter 1

General

7. Interpretation

8. Meaning of “patient safety incident”

Chapter 2

Open disclosure of a patient safety incident

9. Open disclosure of patient safety incident

10. Open disclosure: information and apology not to invalidate insurance; constitute admission of liability or fault; or not to be admissible in proceedings

11. Statement in relation to open disclosure procedure and application of section 10 to information and apology

Chapter 3

Making of open disclosure of patient safety incident

12. Voluntary open disclosure of patient safety incident

13. Making of open disclosure of patient safety incident by health services provider

14. Time of making of open disclosure

15. Matters to be addressed by health services provider before making open disclosure of patient safety incident

16. Open disclosure meeting

17. Refusal, by patient or relevant person, to participate in open disclosure of patient safety incident

18. Provision of additional information at additional information meeting

19. Clarification of information provided at open disclosure meeting and additional information provided at additional information meeting

20. Failure to contact patient for purpose of open disclosure of patient safety incident

21. Records relating to open disclosure of patient safety incident

22. Regulations

23. Savings and transitional provisions for this Part

Acts Referred to

Bankruptcy Act 1988 (No. 27)

Central Bank Act 1971 (No. 24)

Civil Law (Miscellaneous Provisions) Act 2011 (No. 23)

Civil Liability Act 1961 (No. 41)

Civil Liability Acts 1961 and 1964

Civil Liability and Courts Act 2004 (No. 31)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Dentists Act 1985 (No. 9)

Employment Agency Act 1971 (No. 27)

Health and Social Care Professionals Act 2005 (No. 27)

Insurance Act 1964 (No. 18)

Medical Practitioners Act 2007 (No. 25)

National Treasury Management Agency (Amendment) Act 2000 (No. 39)

Nurses and Midwives Act 2011 (No. 41)

Pharmacy Act 2007 (No. 20)

Taxes Consolidation Act 1997 (No. 39)

Number 30 of 2017

CIVIL LIABILITY (AMENDMENT) ACT 2017

An Act to amend the Civil Liability Act 1961 to provide for the award of damages by way of a periodic payments order in certain circumstances where a plaintiff has suffered catastrophic injuries; to amend the Insurance Act 1964 ; to amend the Bankruptcy Act 1988 ; to amend the Taxes Consolidation Act 1997 ; to amend the Civil Liability and Courts Act 2004 ; to make provision for the making, by health services providers, of the open disclosure of patient safety incidents; to provide, in the interest of the common good, for certain restrictions on the use of information provided in an open disclosure of a patient safety incident that is made by a health services provider in accordance with this Act, the use of any apologies made in that open disclosure and the use of any other information relating to the open disclosure provided, and apology made, after the open disclosure meeting; and to provide for related matters.

[22nd November, 2017]

Be it enacted by the Oireachtas as follows: