Civil Liability (Amendment) Act 2017

Chapter 3

Making of open disclosure of patient safety incident

Voluntary open disclosure of patient safety incident

12. Where a patient safety incident occurs in the course of the provision by a health services provider of a health service to a patient, the health services provider may make, in accordance with this Part, an open disclosure of the patient safety incident to—

(a) the patient concerned,

(b) a relevant person where—

(i) in the opinion of the health services provider, having had regard to the age, capacity or health of the patient who is the subject of the patient safety incident, it is appropriate that the open disclosure of that incident is made to a relevant person,

(ii) the patient has died, or

(iii) the patient has requested the health services provider to make the open disclosure of the patient safety incident to the relevant person and not to the patient,

or

(c) both the patient and a relevant person where—

(i) in the opinion of the health services provider, having had regard to the age or capacity of the patient who is the subject of the patient safety incident, it is appropriate that the open disclosure of that incident is made to both the patient and a relevant person, or

(ii) before the open disclosure meeting is held, the patient has requested that the health services provider makes the open disclosure of the patient safety incident to a relevant person as well as that patient.