As the debate over healthcare transparency continues, one of Ireland’s most prominent voices in patient advocacy has raised significant concerns regarding the adequacy of current legislation. Dr. Gabriel Scally, who led the pivotal inquiry into the CervicalCheck scandal, told RTÉ’s Claire Byrne back in 2023 that the Patient Safety Bill, as it then was, was "really quite narrow" in its scope.
While that Bill has since become the Patient Safety Act 2023, there was no material change in its focus during the transition to law. At Whelan Law, we believe Dr. Scally’s insights remain vital to understanding why the current framework serves as a reactive reporting tool rather than the proactive safety shield Irish patients deserve.
The Notifiable Gap
In his assessment of the legislative proposals, Dr. Scally highlighted that while the Minister for Health has the power to add further incidents to the list for mandatory open disclosure, the scope was restricted to a very specific set of serious outcomes, focusing primarily on circumstances where patients die.
Dr. Scally noted that the framework was limited to a specific list of notifiable incidents.
Although Section 8 of the now-enacted 2023 Act allows the Minister to expand this list, this power has yet to be fully utilised to cover the broad spectrum of harm that occurs in the health service.
By focusing on extreme outcomes, thousands of "moderate harm" incidents remain outside the mandatory disclosure net.
The Missing Duty of Candour
A central pillar of Dr. Scally’s recommendations following the CervicalCheck inquiry was the implementation of a universal Duty of Candour for all healthcare professionals. He expressed disappointment that the requirement for healthcare professionals to tell the truth to patients, particularly when something goes wrong, had not been implemented in the legislation.
This duty would require a level of honesty that Dr. Scally believes should be a fundamental part of the system.
Despite his clear recommendations, Dr. Scally maintains that this proactive duty is still missing from the Irish system.
Without a statutory duty of candour, the burden of discovering the truth often falls back onto the patient or their family through complaints and legal action.
The Need for Real Systemic Reform
Dr. Scally’s critique reinforces the argument that Ireland is lagging behind international peers. While the UK and USA have moved toward proactive models like Martha’s Rule and the SEPSIS Act, Ireland’s legislation remains anchored in a notifiable list that fails to address the daily reality of medical errors.
He emphasised that for real reform to take place, the system must move away from a culture where honesty is optional and toward one where it is a legal and professional requirement.
How Whelan Law Can Support You
At Whelan Law, we echo Dr. Scally’s call for a more robust and honest healthcare system. We specialise in representing families who have been affected by the very gaps in legislation that Dr. Scally describes. If you have suffered harm that does not fall under the Notifiable 13, we can help you navigate the voluntary disclosure pathways to ensure you receive the explanation you deserve.