David Stanton (Cork East, Fine Gael) | Oireachtas source

We want to encourage open disclosure and, where appropriate, a sincere apology. We want to change the culture in order that a patient can be told what happened and that those responsible are very sorry. All the records are available. If it were the case that the open disclosure, written or verbal, was admissible in court and a person could be sued for making it, he or she might in the future decide to say nothing and wait for the court case to be held. If something happens, the patient should receive all of the information required as early as possible and in as clear and sincere a manner as possible. We want to change the existing relationship in order that the medical practitioners can feel safe in having the type of conversation in question with the person for whom they are caring and making an open disclosure. That does not stop the patient from accessing the records and taking action, if he or she wants to do so. That can also happen. What we are saying, however, is that we need to encourage open disclosure to get the information out, to have a good relationship between the doctor and the patient, in order that the doctor can feel safe in this regard as soon as possible and the open disclosure and apology, of themselves, will not be used in litigation. In many instances, patients might decide that they do not need to go to court or proceed to litigation at all based on their having received all of the information they need and a sincere apology. They might decide to work together with the medical practitioners to fix the problem. Alternatively, they might decide they have been seriously damaged and need to receive compensation. That is at a different level. That is from where we are coming.