An article from the Irish Examiner highlights the significant impact of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 since its mandatory reporting requirements came into force in September 2024. In the first year of operation, HIQA has been notified of 123 unexpected deaths, including two expectant or new mothers and 19 stillborn or newborn babies.
At Whelan Law, we believe these figures represent a vital step toward transparency, yet they also highlight potentially very serious problems within the system that demand urgent attention.
The Numbers: A Year of Mandatory Reporting
Under the new Act, both public and private healthcare providers must notify HIQA of serious adverse events resulting in unanticipated deaths or traumatic birth outcomes. The breakdown of the 123 notifications received between September 2024 and November 2025 includes:
39 Surgical and Medical Deaths: Patients who died in unintended circumstances, including healthy patients undergoing surgery, deaths directly related to medical treatment, or deaths following a medicinal error.
Maternal and Neonatal Deaths: Two women who died while pregnant or within 42 days of the end of pregnancy, 14 unanticipated stillborn children, and five unanticipated perinatal deaths.
Neonatal Cooling: 60 cases where babies were referred for therapeutic hypothermia (neonatal cooling), a procedure often linked to traumatic birth events.
Other Tragedies: Three deaths believed to be caused by suicide.
The Impact of the Patient Safety Act
A representative of the Irish Patients Association noted that these figures would not have been released in such a timely manner without the 2023 Act. However, they cautioned that these statistics are not just numbers; they represent tragic cases where families deserve full disclosure about what happened to their loved ones.
It is important to note that while a notification is not a definitive indication of poor care, it is a mandatory red flag that triggers oversight. The Department of Health has confirmed that HIQA follows up on these notifications to ensure incident reviews are completed and that lessons are learned to improve services.
How Whelan Law Can Support You
If you or your family are among those whose care has been notified to HIQA, or if you suspect an unanticipated outcome in your care should have been reported, we are here to help.
We specialise in ensuring that the full disclosure promised by the Patient Safety Act is delivered with compassion and accuracy. If you have been affected by a maternal, neonatal or surgical tragedy, contact Whelan Law today. We are dedicated to ensuring that these statistics lead to real accountability and a safer healthcare system for everyone.