Civil Liability (Amendment) Act 2017
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Time of making of open disclosure | ||
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14. (1) Where a health services provider has reasonable grounds for believing that a patient safety incident has occurred, the health services provider concerned shall make the open disclosure of that patient safety incident at a time it considers to be appropriate having regard to— | ||
(a) the desirability, subject to paragraphs (b) and (c), of making the open disclosure as soon as practicable notwithstanding that— | ||
(i) some, or all, of the likely consequences of the patient safety incident are not present or have not developed, and | ||
(ii) the health services provider does not have all of the information relating to the patient safety incident available to it when the open disclosure of the incident is made, | ||
(b) all the circumstances of the patient and the nature, and consequences, of the patient safety incident concerned, and | ||
(c) the requirements of section 15 . | ||
(2) Having considered the appropriate time for making the open disclosure of the patient safety incident, the health services provider shall take all steps reasonably open to it to make the open disclosure as soon as practicable following that consideration. | ||
(3) Where an open disclosure of a patient safety incident is not made as soon as practicable after the consideration referred to in subsection (2), nothing in this Part shall be construed as preventing section 10 from having effect in respect of that open disclosure of the patient safety incident. | ||
(4) Nothing in this Part shall be construed as preventing a health services provider from making an open disclosure of a patient safety incident if none, or not all, of the likely consequences of the patient safety incident have presented or have developed. |