MEDICAL NEGLIGENCE PATIENT SAFETY INCIDENTS SECTION 8(c)

PATIENT SAFETY ACT 2023 AND CIVIL LIABILITY AMENDMENT ACT 2017

Patient Safety Incidents as envisaged by Section 8(c) of the Civil Liability Amendment Act 2017.

John Whelan Solicitor with specialist expertise in Medical Negligence and Patient Safety gives an example of a Patient Safety Incident as envisaged by Section 8c of the Civil Liability Amendment Act 2017. 

Section 8(c)

The prevention, whether by timely intervention of by chance or an unintended or unanticipated injury or harm to the Patient in the course of the provision to him or her or a health service, and in respect of which the health services provider has reasonable grounds for believing that in the absence of such prevention could have resulted in such injury or harm to the Patient.   

An example of a Patient Safety incident where harm was prevented either by timely intervention or by chance involves the prevention of a surgical site infection (SSI).

Example: Prevention of Surgical Site Infection (SSI)

a) Incident: During a routine surgery in a hospital, a Patient was prepped for surgery in the operating theatre. The surgical team followed standard protocols for sterilising the surgical instruments and ensuring a sterile environment. However, during the procedure, one of the nurses noticed that a surgical instrument had been inadvertently contaminated before use. The instrument had been placed on a non sterile surface, and there was a risk it could introduce infection into the surgical site.

b) Risk: If the contaminated instrument had been used, it could have introduced bacteria into the patient’s body, potentially leading to a serious surgical site infection. Surgical site infections can cause complications such as delayed healing, sepsis, or even death if not treated promptly.

c) Prevention: The nurse immediately alerted the surgical team, and the instrument was replaced with a sterile one before it came into contact with the Patient. The team continued with the surgery using sterilised equipment, preventing any contamination.

d) Outcome: The timely intervention by the nurse ensured that no infection was introduced, and the Patient remained free from any complications related to infection. Although no harm occurred, the team recognised that without the nurse’s quick action, the Patient could have suffered a preventable surgical site 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/