Dáil debates

Wednesday, 8 November 2017

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage

 

8:10 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 37:

In page 26, between lines 17 and 18, to insert the following:

“Voluntary open disclosure of Category B safety incident13.Where a Category B safety incident occurs in the course of the provision by a health services provider of a health service to a patient, the health services provider may make, in accordance with this Part, an open disclosure of the Category B safety incident to—
(a) the patient concerned,

(b) a relevant person where—
(i)in the opinion of the health services provider, having had regard to the age, capacity or health of the patient who is the subject of the Category B safety incident, it is appropriate that the open disclosure of that incident is made to a relevant person,

(ii) the patient has died, or

(iii) the patient has requested the health services provider to make the open disclosure of the Category B safety incident to the relevant person and not to the patient,
or

(c) both the patient and a relevant person where—
(i) in the opinion of the health services provider, having had regard to the age or capacity of the patient who is the subject of the Category B safety incident, it is appropriate that the open disclosure of that incident is made to both the patient and a relevant person, or

(ii) before the open disclosure meeting is held, the patient has requested that the health services provider makes the open disclosure of the Category B safety incident to a relevant person as well as that patient.”.

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