Blog: Open Disclosure Framework and Legislation
What is Open Disclosure?
Healthcare is complex, and sometimes things go wrong, which may result in harm to patients. Open disclosure is an honest, open, compassionate, consistent and timely approach to communicating with patients, and, where appropriate, their family, carers and/or supporters, following patient safety incidents. It includes acknowledging what has happened, expressing
regret for what has happened, keeping the patient informed and providing reassurance in relation to on-going care and treatment, how lessons will be learned from what happened, and the steps being taken by the health services provider to try to prevent a recurrence of the event.
The Medical Council supports the practice of Open Disclosure, with our Guide to Professional Conduct and Ethics (9th Edition) including a section on Open Disclosure which outlines a doctor's responsibility in relation to this. The Open Disclosure paragraphs at section 4 page 11 of the Guide specifically refers to application of current and adherence to legislation, policy and guidelines.
Open Disclosure Framework and Legislation
We would like to draw your attention to the most recent national legislation and policy that are active in this space and apply to all doctors in the public and private sectors.
The commencement of the Patient Safety (Notifiable Incidents and Open Disclosure) Act is imminent. The Act provides for a procedure whereby certain " Notifiable Incidents " are subject to mandatory open disclosure and must be communicated to patients and / or their families by healthcare professionals. The core purpose of the Act is to facilitate open and honest disclosure amongst patients and Health Services Providers and Practitioners.
The Open Disclosure Framework (Policy) produced by the Department of Health aims to support open disclosure as part of everyday practice. It applies to all service providers (public and private) and builds on the existing HSE Open Disclosure policy. It aims to implement a unified and consistent approach to Open Disclosure across the entire health sector. It’s not prescriptive (unlike the Act) but rather aims that Open Disclosure becomes the norm and facilitates open communication.
Related Resources
For more information on Open Disclosures, check out the below resources: