New law will compel medics to own up to mistakes
HOSPITALS could soon be forced to admit mistakes to patients or face stiff penalties.
Junior Health Minister Kathleen Lynch has promised that legislation allowing for the open disclosure of medical mistakes will be introduced before the end of this year.
The provision would be included in the Health Information Bill which has been delayed and is still with the Department of Health.
The legislation was first mooted almost four years ago in August 2011 by former health minister James Reilly when he announced he was studying proposals on the matter.
However, speaking on the Marian Finucane Show on RTÉ Radio 1 yester- day, Ms Lynch gave a commitment to publish the legislation this year.
The new law would give some protection to doctors if they admit liability and would provide patients with more transparency from health professionals. The scandal at Portlaoise Hospital, which was detailed in last week’s HIQA report into maternity services there, has brought the issue into the spotlight once again.
‘I think people have a different reaction when you say to them, “listen, we’re very sorry, this went wrong, let’s sit down, let’s explain it to you”,’ Ms Lynch said.
‘But the frightening part about the HIQA report was that wasn’t done, human contact wasn’t made.’ Ms Lynch was pressed over whether the legislation which has been sitting with the department for over two years now would be published this year and she said Leo Varadkar has committed to this.
‘The minister has said that it is going to happen,’ Ms Lynch said.
Under the proposed legislation, healthcare providers and doctors could find themselves facing stiff sanctions if they fail to adequately inform patients and their families of medical errors when they arise.
While admitting a medical error is not an admission of medical negligence, there has long been a fear in the healthcare system that owning up to errors only attracts litigation.