The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 marks a new era of transparency in Irish healthcare. If you’ve been affected by a serious medical incident, Whelan Law can help you understand your rights and take appropriate legal steps.
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What Is the Patient Safety Act?
Enacted in 2023, this legislation mandates open disclosure of serious incidents in hospitals and healthcare settings. For the first time, doctors and healthcare providers must inform Patients — or their families — when a notifiable incident occurs.
The Act:
Introduces a duty of candour
Requires mandatory reporting of serious medical events
Offers legal protection for healthcare professionals who disclose, while preserving Patients’ rights to seek compensation
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What Counts as a Notifiable Incident?
There are currently 13 notifiable incidents, including:
Wrong site or wrong Patient surgery resulting in death
Patient death resulting from retained surgical instruments after an operation
Patient death caused by a medication or transfusion error
Death of an otherwise healthy Patient after elective surgery
Death of a pregnant woman or newborn due to poor care
Suicide of a Patient while under healthcare supervision
A full list is maintained by the Department of Health and may grow in future.
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Why This Matters to Patients and Families
If you or a loved one has experienced a notifiable incident:
You must be informed
You have the right to request open disclosure
You may have grounds for a medical negligence claim if harm occurred
This Act empowers Patients to speak up, seek answers, and protect others from future harm.
How Whelan Law Can Help
Whelan Law is one of the first legal firms in Ireland to specialise in this emerging area of medical law. We:
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Who Is This For?
A loved one died unexpectedly in hospital
You were told little or nothing after a serious incident
You suspect something went wrong during surgery or childbirth
You were affected by a medication or treatment error
You’ve been denied full information about your care
It’s a new Irish law requiring healthcare providers to disclose serious incidents to Patients or their families and report them to oversight bodies.
You have the right to know — and to act. Contact Whelan Law for a confidential consultation and expert legal support under the Patient Safety Act.