Civil Liability (Amendment) Act 2017

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

15. (1) Before making an open disclosure of a patient safety incident, a health services provider shall—

(a) in order to determine the appropriate time at which to make the open disclosure to the patient or relevant person (or both of them) and having regard to paragraph (a) of section 14 (1)—

(i) make an assessment of all the circumstances of the patient and the nature of the patient safety incident concerned, and

(ii) consult, having had regard to the circumstances referred to in subparagraph (i), with such other person (if any) as the health services provider considers appropriate,

(b) determine, subject to subsection (4), whether the open disclosure of the patient safety incident concerned is to be made to the patient or the relevant person (or both of them), having had regard to—

(i) the assessment referred to in paragraph (a)(i),

(ii) the nature of the patient safety incident, and

(iii) consultations, if any, referred to in paragraph (a)(ii),

(c) determine whether, having regard to the nature and circumstances of the patient safety incident concerned, it is appropriate for an apology to be made to the patient or the relevant person (or both of them) at the open disclosure meeting,

(d) consider the information relating to the patient safety incident and, having regard to the complexity of that information, take all steps as are reasonably open to the health services provider to present that information in as clear a manner as is possible having regard to that complexity,

(e) designate, subject to subsection (2), a person to liaise with the health services provider and the patient or relevant person (or both of them) in relation to the open disclosure of the patient safety incident (in this Part referred to as “designated person”) and in respect of a request for clarification under section 19 , and

(f) make arrangements for the preparation of the statement in writing, referred to in section 16 (5), that is to be provided to the patient or relevant person (or both of them) at the open disclosure meeting.

(2) For the purpose of making a designation under subsection (1)(e), where the health services provider making the designation is a health services provider referred to in—

(a)paragraph (a) of the definition of “health services provider”, that health services provider may designate—

(i) an employee of that provider, including an employee who is a health practitioner,

(ii) a health practitioner who provides a health service for that provider pursuant to a contract referred to in subparagraph (ii) of paragraph (a) of that definition,

(iii) a person with whom that provider has entered into a contract referred to in subparagraph (v)(II) of paragraph (a) of that definition,

(iv) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in subparagraph (iii)of paragraph (a) of that definition, or

(v) an agency worker,

as the designated person in relation to the patient safety incident concerned, or

(b)paragraph (b) of the definition of “health services provider”, that provider may designate—

(i) himself or herself,

(ii) the health practitioner providing the clinical care and treatment to the patient concerned,

(iii) an employee of that provider, including an employee who is a health practitioner,

(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in subparagraph (ii) of paragraph (b) of that definition,

(v) a person with whom that provider has entered into a contract referred to in subparagraph (iv)(II) of paragraph (b) of that definition,

(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in subparagraph (iii)of paragraph (b) of that definition,

(vii) an agency worker, or

(viii) a partner of the health practitioner referred to in subparagraph (i),

as the designated person for the purposes of subsection (1)(e).

(3) A designation under subsection (1)(e) shall be in writing and shall be kept in the records, referred to in section 21 , relating to the open disclosure of the patient safety incident made under this Part.

(4)Paragraph (b) of subsection (1) shall not apply where an open disclosure of a patient safety incident is made to a relevant person pursuant to section 12 (b)(ii) or 12 (b)(iii), as the case may be.