MEDICAL NEGLIGENCE PATIENT SAFETY ITEM 1.6

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 1.6 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 1.6

Any unintended and unanticipated death occurring in any place or premises in which a Health Services provider provides a Health Service that is directly related to any medical treatment and the death did not arise from or was a consequence of, or wholly attributable to the illness of the Patient or an underlying condition of the Patient.  

An example of an unintended and unanticipated death occurring in a healthcare setting due to medical treatment.  In this case a 69-year-old Patient went to hospital for a routine kidney stone removal procedure.  The Patient was otherwise healthy aside from the kidney stones, which are a common and generally non life threatening condition.

During the surgery, a medication dosage mistake occurred when the medical team mistakenly administered an excessive amount of a painkiller and sedative combination. The overdose caused severe respiratory depression, and the patient’s heart stopped. Despite immediate attempts at resuscitation, the Patient could not be revived and passed away shortly after.

The Patients death was directly related to the medical treatment the Patient received during the routine kidney stone procedure, specifically due to the incorrect administration of medication. The Patients death did not arise from or was not a consequence of the kidney stones, nor was it attributable to any other underlying health condition. Had the anaesthesia and sedative been administered properly, the death would likely have been avoided.

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/