MEDICAL NEGLIGENCE PATIENT SAFETY INCIDENTS SECTION 8B

PATIENT SAFETY ACT 2023 AND CIVIL LIABILITY 2017

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

Section 8(b)

1. An incident which has occurred in the course of the provision of health service to the Patient and did not result in actual injury or harm and
2. In respect of which the health service provider has reasonable grounds to believe placed the patient at risk of unintended or unanticipated injury or harm.

Example: Near Miss in Medication Administration

1. Incident: A nurse in a hospital was about to administer a medication to a patient when she realised that the prescription had been entered incorrectly into the system. The dosage prescribed was significantly higher than the recommended dose for the Patient's condition. The nurse, adhering to safety protocols, double checked the medication and dosage before administering it. Upon review, it was found that the prescription mistake was due to a clerical mistake during the transcription of the doctor's orders.
2. Risk: Had the incorrect dose been administered, the Patient could have experienced serious side effects, including respiratory distress or cardiac complications, as the medication was a high risk drug (e.g., an opioid or anticoagulant).
3. Outcome: In this case, the mistake was noticed before the medication was given to the Patient, so no harm occurred. However, the incident was classified as a near miss because the potential for harm was significant.

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/