Patients ‘entitled to be told of failings in their care’

A patient advocacy group says it is deeply disappointing the Government may decide against introducing ‘statutory open disclosures’, a legal obligation on doctors and health professionals to tell patients when there has been a serious failing in their care.

An amendment to the Civil Liability Bill, due to be brought to the Seanad tomorrow, would allow doctors and healthcare professionals to advise patients when an adverse event takes place without admitting liability.

However, the Irish Patients’ Association (IPA) says the amendment does not go far enough, as patients have the right to be told when something goes wrong and suggested an obligation under law, to support such rights, should be put in place.

“Our fear is that it will be a self-regulating system within our healthcare system,” IPA chairman Stephen McMahon said, noting there is no legal obligation on doctors to comply.

“Words fail to express our disappointment at the decision to change plans to introduce this system.

“We would hope the Seanad would support the call from patient advocacy groups for statutory open disclosures for patients following a death or injury. How many more unreported deaths or injuries have to happen for these open disclosures to become mandatory?

“It is a basic right for patients to be informed when something goes wrong,” Mr McMahon said.

“This policy is not the same as being required to disclose by law. We still find it hard to comprehend that if open disclosure was the law, doctors and other professionals would be less likely to disclose openly and honestly.”

He said it will be up to the Department of Health to make the call to recommend statutory open disclosure if the voluntary code doesn’t work.

“That appears to be delegating the responsibility.

“We want all the protections in there to protect patients,” he stated. “Preventable deaths happens yet, how many families have been told someone they love died as a result of overcrowding?”