Open Disclosure

Definition

Open disclosure refers to the practice of openly communicating with patients and their families when an adverse event or medical error occurs during care. It involves acknowledging what happened, explaining the known facts, expressing regret or apology, and outlining the steps being taken to prevent recurrence. The goal is to maintain trust, support transparency, and promote a culture of safety and accountability within healthcare settings.

Open disclosure is increasingly common in Ireland and is supported by national policy. The Health Service Executive introduced an Open Disclosure Policy in 2013, which was later updated to align with the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023. This act made it a legal requirement to disclose certain serious patient safety incidents. Irish healthcare professionals are encouraged and trained to engage in open, honest communication with patients following adverse events, fostering trust and improving patient safety.

Medical Negligence

Open disclosure can have a mixed but generally positive impact on the outcome of medical negligence claims. Fostering transparency, timely communication, and apologies may reduce the likelihood of legal action, as many patients pursue litigation primarily to get answers or acknowledgment. When handled properly, open disclosure can build trust, lead to quicker resolutions, and even reduce compensation claims. However, if poorly executed or perceived as insincere, it can fuel dissatisfaction and legal escalation. In Ireland, open disclosure does not equate to an admission of liability, which helps protect healthcare providers legally while still prioritising patient communication.