In Holland Dutch Doctors have agreed to speak openly about serious medical errors they make as part of a national patient safety campaign.  The Dutch Institute for Healthcare improvement have produced a document to address the culture of secrecy surrounding mistakes.  This document was circulated to all 46,000 members of the Dutch Medical Association.

This approach mirrors the recommendations of the Department of Health and Children’s commission on patient’s safety entitled “Building a Culture of Patient Safety” which was published in July 2008.  This report argued that Doctors should make full disclosure of medical errors to patients to enhance patient safety.  It is also in keeping with their ethical commitment of honesty to patients.

The report stated that “the overriding principle accepted by the commission is that patients should be entitled to expect honest and open communications in relation to adverse events that may have caused them harm”.

In January 2009 Minister Mary Harney signed into law the Protected Disclosures Provisions of the Health Act 2005. This provided statutory protection for whistle blowing by healthcare workers who feel that the health and welfare of patients receiving treatment are at risk.

To date the State has not implemented the recommendations contained in the Department of Health’s Report.

Contrast this with the position in the United Kingdom where from April 2010 it will be mandatory for the NHS Trust to report all patient safety incidents  to the National Patients Safety Agencies.  All 400 NHS Trusts in England including Hospitals, Primary Care Trusts, Mental Health Services and Ambulance Services will be obliged to report adverse incidents. This information will then be shared with the NHS Regulator.

The deep reluctance on the part of the Irish Medical Profession to impose upon their members a positive legal duty on Doctors to own up quickly to medical errors is only causing greater distress to patients.  It is forcing them to go down an expensive and often risky legal route.

Medical negligence claims carry huge risk and different standards of legal principles have consistently been applied by the courts when dealing with these claims.  These principles tend to favour Defendants as the standard of negligence required to be proven is higher than in a normal liability claim.

This adds to the trauma of injured victims.  Early admission of fault and settlement of these claims would alleviate the suffering of injured patients.

If the Dutch medical profession ,who have far outweigh the Irish medical profession in number,  accept their responsibility how long can it be before Europe forces the Irish medical profession to follow suit?

NOTES

Reported medical accidents have nearly doubled since 2008 and now stand at nearly 90,000.

In 2008 the total paid out for medical negligence actions (damages and costs) was £25.5 million.

Medical negligence damages represent less than 50 per cent of the total amount of the states liability for damages.

The High Court has awarded a 71 year old lady Sheila Colburn the sum of €60,000.00 for personal injuries sustained by her when she was walking along a footpath at Castle Street, Sligo on the 29^th of June 2006 when she was caused to trip and fall.

When the Judgement delivered by Mr Justice O’Neill on the 6^th of November 2009 in the High Court he held Sligo Borough Council responsible for the injuries sustained by Ms Colburn in the fall.  The Judge said he was satisfied that the Plaintiff was caused to trip and fall as a result of a depression in a drainage channel in the footpath at the location in question.  He held that the depression was caused by a piece of concrete which was missing from the edge of the drainage channel and this had been caused by a disturbance by a variety of excavations in the pathway beside the channel in question.

The indent or depression was not the result of normal wear or tear from the usage of the footpath and therefore the Defendants could not rely on the legal exemption provided to Local Authorities called non-feasance.  The Judge held that the depression created a trip hazard.

Ms Colburn had a somewhat chequered medical history and the Defendant argued that what had occurred after her accident was merely a continuation of that which went before.  The Judge did not accept that argument and found that her injuries which included an undisplaced fracture of the head of the radius at the elbow on the left hand side was caused as a result of the fall.  She also suffered injuries to her neck and back.  He found that the injuries caused a great disruption to her life and that she suffered considerable pain.  General damages were set to €60,000.00 plus special damages of €2,190.00

click to link to RTE website for Liam Moloney’s comments here