"Open Communication When Things Go Wrong in Healthcare"
Ciaran O'Rorke, Judy O'Kane and Kevin Dunne recently attended Farmleigh House for the excellent presentation organised by the Clinical Indemnity Scheme at the State Claims Agency on "Open Communication when Things Go Wrong in Healthcare". The speakers included Honourable Mrs Justice Catherine McGuinness, President of the Law Reform Commission. Justice Catherine McGuinness discussed alternative dispute resolution issues to include mediation in trying to resolve medical disputes and the necessity for a statutory base to allow an apology without automatically being construed as an admission of liability. A final report is expected on this matter from the Law of Reform Commission in early 2010. It was agreed by all of the speakers that open communication and full disclosure of adverse events significantly reduce the amount of malpractice claims and Dr Ailis Quinlan, Head of the Clinical Indemnity Scheme at the State Claims Agency confirmed that open communication with patients and an apology made by a clinician would not be grounds for withdrawing cover under the Clinical Indemnity Scheme.
If you have any queries about alternative dispute resolution or the concept of open disclosure, please contact any member of the Healthcare team.