In the evolving landscape of Irish healthcare, "Open Disclosure" is a structured legal and policy-driven process. Following the launch of the HSE Open Disclosure Policy 2025 and the Patient Safety Act 2023, patients and families now have specific pathways to receive the truth when things go wrong.
Central to this new era is the distinction between Mandatory and Voluntary disclosure.
1. Mandatory Open Disclosure: The Notifiable 13
Under the Patient Safety Act 2023, "Mandatory Open Disclosure" is a legal requirement that applies to a very specific set of circumstances known as Notifiable Incidents. Currently, there are 13 categories of incidents that trigger this legal mandate. These primarily include:
Unanticipated deaths not wholly attributable to the patient's underlying illness.
Specific surgical errors (e.g., wrong-site surgery).
Certain maternity and neonatal incidents.
For these 13 incidents, the healthcare provider is legally bound to notify the regulator (such as HIQA or the Mental Health Commission) and follow a strict statutory disclosure process.
2. Voluntary Open Disclosure: The "Patient Safety Incident"
The vast majority of healthcare incidents fall outside the "Notifiable" list. These are classified as Patient Safety Incidents under the HSE Incident Management Framework (IMF).
While not mandated by the 2023 Act, these incidents are governed by the HSE Open Disclosure Policy 2025. This policy strongly encourages "Voluntary Open Disclosure" to ensure a culture of honesty and learning. These incidents are categorised by their level of harm.
The O’Donnell Case: A Milestone in Voluntary Disclosure
The recent settlement involving Mr. Hugh O’Donnell serves as a landmark example of how the voluntary disclosure framework can achieve justice for patients.
Mr. O’Donnell sustained injuries when a portion of a ceiling collapsed in the Critical Care Unit at St. Luke’s General Hospital. Because this was a structural failure rather than one of the 13 clinical "Notifiable Incidents", it did not trigger mandatory disclosure under the 2023 Act.
However, using the HSE Open Disclosure Policy 2025, Whelan Law facilitated a Voluntary Patient Safety Open Disclosure Meeting. This allowed the family to receive:
A face-to-face explanation from the HSE.
A path to truth that was separate from the legal pursuit of compensation.
Why the Distinction Matters
Whether an incident is mandatory or voluntary, the objectives of Section 5 of the HSE Open Disclosure Policy 2025 remain the same: to provide an open, honest, timely, and compassionate explanation.
How Whelan Law Can Support You
Navigating the complexities of the HSE Incident Management Framework and the Enterprise Risk Management Policy 2023 can be overwhelming for families in distress.
At Whelan Law, we specialise in ensuring that healthcare providers meet their obligations, whether mandatory or voluntary. We believe that every patient deserves the "path to truth" demonstrated in the O’Donnell case, ensuring that accountability is clear and that lessons are learned to prevent future harm.
If you or a loved one has been affected by a hospital incident, contact Whelan Law today. We can advise you on whether your experience qualifies for Mandatory Disclosure or if a Voluntary Open Disclosure meeting should be requested.