Open disclosure in Ireland: legal framework, policy considerations, and the argument for a unified approach

Tumelty, Mary Elizabeth

Open disclosure in Ireland: legal framework, policy considerations, and the argument for a unified approach

Files

Open Disclosure in Ireland Legal Framework Policy Considerations and the Argument for a Unified Apprach (1).pdf(227.21 KB)

Accepted Version

Date

2021

Authors

Tumelty, Mary Elizabeth

Publisher

Brehon Publishing

Abstract

Whilst definitions vary, the principles underlying open disclosure remain the same: patients must be provided with prompt, honest, accurate information about their care, including where something has gone wrong. Open disclosure is a vital aspect of patient safety. As Quick explains, ‘[c]reating a culture of safety depends on a number of elements, but openness and honesty are critical.’ Patients have a right to learn about their care and be informed when a patient safety incident occurs. Open disclosure also aims to contribute to the important goal of patient safety through organisational learning. Various open disclosure policies and laws have been introduced over the past number of decades in countries throughout the world, including Ireland. The importance of open disclosure is well covered in the literature, and it is not proposed to detail the arguments here. Rather, the focus of this short article is on the open disclosure framework in Ireland, and the need for a unified approach. The article first provides background to open disclosure in Ireland, and the relevant legal framework. It then discusses some recent developments, namely the recommendations of the Independent Patient Safety Council on a national policy framework. Ultimately, the article argues that regulation and patient safety measures work best where the legal and ethical frameworks work in tandem, and concludes with some key learning points.

Keywords

Health policy , Ireland , Medical ethics , Patients’ rights , Provision of information , Safety

Citation

Tumelty, M. E. (2021) 'Open disclosure in Ireland: legal framework, policy considerations, and the argument for a unified approach', Medico-Legal Journal of Ireland, 27(2), pp. 71-74.