MEDICAL NEGLIGENCE PATIENT SAFETY 1.1 (a)

UNDEFINED NOTIFIABLE INCIDENT

John Whelan Solicitor with specialist expertise in Medical Negligence and Patient Safety gives an example of a case which falls outside of the definition of a Notifiable Incident as envisaged by Item 1.1 of the Patient Safety Act 2023.   This example involves similar mistakes to that envisaged by Item 1.1 of the Act yet since it doesn’t lead to the death of the Patient it is not a Notifiable Incident as defined by Item 1.1.   This example is one of the many cases which should fall within the ambit of the Patient Safety Act and can be introduced by Ministerial Regulation under Section 8.

There are 13 Notifiable Incidents set out in the Act but other notifiable incidents may be introduced by Ministerial regulation under Section 8 of the Act.

An example of a Notifiable Incident involving surgery on the wrong patient (but not resulting in death) could be:

Incident Description: Patient A was scheduled for a hernia repair surgery. However, due to a clerical mistake and miscommunication during the preoperative check in, he was mistakenly identified as Patient B who was scheduled for a gallbladder removal.    As a result, Patient A underwent the wrong procedure laparoscopic gallbladder surgery without any immediate life threatening complications.

Details:

a) The mistake was discovered post surgery when the Patient's records were rechecked before discharge.

b) The Patient did not suffer from any pre existing gallbladder issues, so the removal was medically unnecessary for him.

c) There were no deaths or immediate life threatening consequences from the surgery, but the incident resulted in unnecessary surgery, potential risks of complications (such as infection).

For more detailed insights into how the Patient Safety Act 2023 impacts you and how Whelan Law can support you, please visit our Patient Safety Rights Legal Advice https://www.whelanlaw.ie/news/medical-negligence-and-patient-safety/