Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

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Clinical audit data: information not to invalidate insurance; constitute admission of liability or fault; or not to be admissible in proceedings

61. (1) Information provided in a clinical audit, including data, referred to in section 59 , collected solely for the purpose referred to in section 59 (a) or provided for, or contained in, documentation or information derived from a clinical audit—

(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 any matter which arises (whether in whole or in part) from the circumstances with which the data is connected or the clinical audit is conducted, including a clinical negligence action which arises (whether in whole or in part) from the consequences of any such matter or circumstances,

(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 a matter or circumstances referred to in paragraph (a) which is the subject of a clinical negligence action which arises (whether in whole or in part) from the consequences of that matter or those circumstances, 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 a matter or circumstances referred to in paragraph (a) which is, or are, the subject of that data or clinical audit or any matter alleged which arises (whether in whole or in part) from that matter or those circumstances.

(2) Information provided in data referred to in subsection (1) or a clinical audit referred to in that subsection—

(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), and

(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 .