MEDICAL NEGLIGENCE PATIENT SAFETY 1.4A(i)   

RETAINED FOREIGN OBJECT AFTER SURGERY UNDEFINED NOTIFIABLE INCIDENT

1.4A

Dr. Gabriel Scally has said that the Patient Safety Bill now the Patient Safety Act 2023 is really quite narrow in scope and there remains the need to provide Patients with the right to make a compliant about their clinical treatment.   Dr. Scally also told RTE that while the Minister could add other incidents where open disclosure should apply at present the rights to open disclosure only arose in 2023 Patient Safety Act when the Patient died.  

In the example given at news item Medical Negligence Patient Safety 1.4A on the 16^th April 2025, that was an example of a Notifiable Incident involving a retained foreign object after surgery.   The Patient was scheduled for a procedure and a foreign object was left inside the Patient after the procedure was completed.     The retained foreign object caused an infection and abscess formation requiring a second surgery to remove the foreign object.    The Patient did not suffer life threatening consequences from this medical mistake.  

If the Patient had died as result of the retention of the foreign object, then that would be a notifiable incident under the Act. 

There appears to be no good reason as to why this medical mistake should not be a Notifiable Incident and the Minister has an opportunity under Section 8 to introduce regulations to cover such an incident and there does not appear to be a proposal to do so at present.

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/