MEDICAL NEGLIGENCE PATIENT SAFETY ITEM 1.3

PATIENT SAFETY ACT 2023

John Whelan Solicitor with specialist expertise in Medical Negligence and Patient Safety gives an example of a Notifiable Incident as envisaged by Item 1.3 of the Act. 

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.

Item 1.3

Wrong surgical procedure performed on a Patient resulting in an unintended and unanticipated death which did not arise from or was a consequence of an illness or an underlying condition of the Patient or having regard to any such illness, or underlying condition was not wholly attributable to that illness.

An example of a wrong surgical procedure performed on a Patient resulting in unintended and unanticipated death.   In this case, a Patient was admitted for a routine endoscopic procedure to examine and treat a gastrointestinal issue. However, due to a mix-up in the operating room, the surgical team mistakenly performed a procedure intended for another Patient who was scheduled for heart treatment.

The Patient did not have any underlying heart conditions, and this invasive heart procedure was entirely unnecessary. The wrong procedure caused severe complications, including internal bleeding and cardiac arrest, leading to death shortly afterwards.

In this case, the unintended and unanticipated death did not arise from or was not a consequence of an underlying illness. The Patient’s death resulted directly from the incorrect procedure being performed, which was not related to the Patient’s actual medical condition.   Even if the Patient had gastrointestinal issues, the cardiac procedure was wholly unrelated to the Patient’s condition, and the death was not attributable to any pre existing illness or underlying condition but rather to the surgical mistake.

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/