While much of the recent focus on patient safety has centred on hospital settings, a major new initiative in England is shifting the spotlight to GP surgeries. ‘Jess’s Rule’ is set to be advertised across all GP clinics in England, marking a significant step forward in empowering patients within primary care.
At Whelan Law, we have been closely following the implementation of Martha’s Rule in hospitals. The introduction of Jess’s Rule is a topical and vital development that Ireland should observe as we strive to improve our own patient safety infrastructure.
What is Jess’s Rule?
Named after Jess McCormack, who tragically died from an undiagnosed brain tumour after multiple GP visits, this initiative is designed to prevent avoidable deaths by ensuring patients are heard when their condition fails to improve.
Central to Jess’s Rule are two key pillars:
The Right to a Second Opinion: If a patient (or their family) has visited a GP three times with the same symptoms without a diagnosis or improvement, they are encouraged to seek a review or a second opinion.
Standardised Escalation: GP surgeries will be required to display information clearly, informing patients of their right to escalate concerns if they feel their symptoms are being overlooked or misdiagnosed.
Why This Matters for Patient Safety
In our experience at Whelan Law, many medical negligence and misadventure cases in Ireland stem from "diagnostic delay" in primary care. Jess’s Rule addresses the core issues of clinical deterioration and "diagnostic overshadowing" by:
Recognising that patients often know their own bodies best. When a patient returns multiple times with the same concern, the system must trigger a fresh perspective.
Much like Martha’s Rule, it moves patient advocacy from an informal "request" to a formal "right".
Preventing sepsis and late-stage diagnosis. By catching deterioration or serious illness earlier in the community, the pressure on emergency departments is reduced, and lives are saved.
The Lesson for Ireland
Ireland is currently implementing the Patient Safety Act 2023 and the HSE National Service Plan 2026, both of which focus heavily on Open Disclosure and hospital-based safety. However, Jess’s Rule highlights a gap in our current strategy: the GP surgery.
We believe that for a patient safety culture to be truly effective, it must extend beyond the hospital doors. Patients in Ireland deserve a clear, advertised framework in their local clinics that ensures they are not "lost in the system" after multiple visits for the same recurring symptoms.
Whelan Law remains committed to advocating for these types of proactive safety measures. We believe the introduction of a similar "Second Opinion" rule in Irish primary care would be a transformative step in reducing avoidable harm and ensuring that every patient’s voice is heard.