Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
|
Notification under Part 4: information not to invalidate insurance; constitute admission of liability or fault; or not to be admissible in proceedings | ||
|
33. (1) Information provided in a notification under this Part (including additional Part 4 information and further Part 4 information) and any such information that is, pursuant to section 32 , shared under that section— | ||
(a) shall not constitute an express or implied admission of fault or liability by— | ||
(i) that health services provider, or | ||
(ii) a person specified in subparagraphs (ii) to (ix) of section 10 (1)(a), | ||
in relation to the notifiable incident which is the subject of the notification or a clinical negligence action which arises (whether in whole or in part) from the consequences of that notifiable incident, | ||
(b) shall not, notwithstanding any other enactment or rule of law, be admissible as evidence of fault or liability of— | ||
(i) that health services provider, or | ||
(ii) a person specified in subparagraphs (ii) to (ix) of section 10 (1)(b), | ||
in a court in relation to the notifiable incident which is the subject of the notification or a clinical negligence action which arises (whether in whole or in part) from the consequences of that notifiable incident, and | ||
(c) shall not, notwithstanding— | ||
(i) any provision to the contrary in— | ||
(I) a policy of professional indemnity insurance, | ||
(II) any documentation that comprises an offer, or evidence, of an arrangement for indemnity between a medical defence organisation and a member of that organisation, or | ||
(III) a contract of insurance providing insurance cover for claims in respect of civil liability or clinical negligence actions, | ||
or | ||
(ii) any other enactment or rule of law, | ||
invalidate or otherwise affect the cover provided by such policy or contract of insurance that is, or but for such information would be, available in respect of the notifiable incident which is the subject of the notification or any matter alleged which arises (whether in whole or in part) from that notifiable incident. | ||
(2) Information provided in a notification under this Part— | ||
(a) shall not constitute an express or implied admission, by a health practitioner, of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or omission, in the determination of any matter specified in subparagraphs (i) to (vi) of section 10 (2)(a), or | ||
(b) are not, notwithstanding any other enactment, admissible as evidence of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or omission, in proceedings to determine a complaint, application or allegation referred to in paragraph (a). | ||
(3) This section is in addition to, and not in substitution for, any enactment or rule of law relating to the disclosure of information in respect of the provision of a health service. | ||
(4) In this section— | ||
“clinical negligence” has the meaning assigned to it by section 10 ; | ||
“clinical negligence action” has the meaning assigned to it by section 10 ; | ||
“medical defence organisation” has the meaning assigned to it by section 10 ; | ||
“professional indemnity insurance” has the meaning assigned to it by section 10 . |