MEDICAL NEGLIGENCE PATIENT SAFETY 1.5A

ELECTIVE SURGERY NEGLIGENCE

John Whelan 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 1.5 of the Patient Safety Act 2023.      This example involves similar mistakes to that envisaged by item 1.5 of the Act but yet since it doesn’t lead to the death of the Patient it is not a Notifiable Incident as defined by Item 1.5.    This example is one of many cases which should fall within the ambit of the Patient Safety Act and can be introduced by a Ministerial regulation under Section 8.

Item 1.5A

A Notifiable Medical Incident involving Elective Surgery

An example of a notifiable incident in relation to elective surgery which involved negligence due to a surgical operation or anesthesia (including recovery from the affects of anesthesia) but which did not involve a death

An example of a notifiable incident in relation to elective surgery that involved negligence (due to a surgical operation or anesthesia) but did not result in death could be:

Incident Description: A Patient, underwent an elective cosmetic rhinoplasty (nose surgery). During the operation, due to a failure to adhere to proper anesthesia protocols, the Patient was given an incorrect dose of anesthetic. The overdose led to prolonged sedation, complications during the surgery, and delayed recovery after the procedure.

Important Details:

a) The anesthesiologist miscalculated the dose based on the Patient's weight and health profile. As a result, the Patient experienced dangerously low blood pressure (hypotension) and oxygen levels (hypoxia) during surgery.

b) The surgical team recognised the error and was able to stabilise the Patient after an emergency intervention, but the Patient’s surgery was complicated by the anesthesia related issue.

c) In the recovery room, the Patient had a prolonged and difficult recovery from the effects of the anesthetic overdose, suffering from confusion, difficulty breathing, and an extended period of unconsciousness. He required intensive post operative monitoring and medical intervention to ensure a full recovery.

d) Although the Patient did not suffer permanent damage or die, the negligence in anesthesia administration posed a serious risk to his life and caused additional medical intervention, longer hospital stays, and psychological distress.

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/