At Whelan Law, we have dedicated significant time and resources to advocating for patient safety and open disclosure. We believe that every individual and family affected by medical negligence deserves transparency, answers and, where appropriate, a genuine apology.

Our ongoing efforts, including recent media appearances discussing the tragic case of Esther Flynn, are driven by a commitment to ensure that the Irish healthcare system truly learns from its failings and treats all affected parties with dignity and respect.

You can read more about our previous discussions and insights on patient safety here:

• Joe Flynn Vs HSE - Whelan Law Press Statement
• Joe Flynn Vs The HSE: A Catalyst for Change in Patient Safety
• Whelan Law on Tipp FM: Joe Flynn -v- HSE Case

A recent, widely reported case across national TV, radio and press, has brought to light a profound and concerning inconsistency in how medical negligence cases are handled, particularly regarding apologies. The patient at the heart of this recent case who bravely spoke out about the medical negligence she experienced, commendably received a full apology from the HSE for the failings in her care.

We acknowledge the profound importance of this apology for this patient and her family in these incredibly difficult circumstances, and we commend her courage in seeking the truth.

Adding to the significance of this development, the Minister for Health appeared on RTÉ's Morning Ireland on Wednesday June 4th 2025 and publicly apologised for what occurred in this recent case.

The Minister specifically referenced the lack of open disclosure that had been present and stated that medical negligence cases should be treated differently. The Minister also indicated that patients need timely, open disclosure and resolution to their cases rather than the added stress of the court process.

However, this public commitment stands in stark contrast to the experience of the family of our client, Esther Flynn. While a settlement was reached in court for Esther's tragic death, which also stemmed from alleged medical negligence, no apology was ever forthcoming from the HSE. The only avenue left for Esther's grieving family to seek further answers is to pursue an inquest into her death.

While the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 was recently introduced with the very aim of fostering a culture of open disclosure, mandating explanations and apologies where serious medical incidents occur, the tragic incidents in both these cases occurred prior to its full implementation.

Nevertheless, the contrasting outcomes – one family receiving a public apology and the other still seeking answers – underscore that the fundamental principles of transparency and accountability, now enshrined in law, are not yet consistently applied in practice, creating a significant "apology divide."

Patient safety and open disclosure are not abstract concepts; they are about real people, real families, and real lives irrevocably altered by medical error. Consistency in the application of legislation and a genuine commitment to apology and learning are not just legal requirements; they are moral imperatives.