Pre-Action Protocol and Open Disclosure Workshop

Pictured from left to right is Eamon Harrington, Partner and Head of CKT’s Litigation department, Catherine Tarrant, Solicitor, Head of Clinical Claims at State Claims Agency and speakers, Yvonne Joyce, Partner at CKT, and Alison Kelleher, Partner at CKT. 

On 18th February, members of Comyn Kelleher Tobin’s litigation team presented a workshop to the State Claims Agency on imminent changes in healthcare law, Pre-Action Protocols (PAP) in clinical negligence actions, Open Disclosure and the Patient Safety Bill.

Following the ministerial consultation with stakeholders it is expected that regulations introducing PAPs will be implemented shortly, bringing a welcome “cards-on-the-table” approach to clinical negligence litigation.

Participants were briefed on the requirements under the PAPs and the new statutory process of voluntary open disclosure of patient safety incidents and the statutory protections in respect of how an apology given to the patient can be used subsequently.  

CKT provided an update on the proposed introduction of the Patient Safety Bill, providing for mandatory open disclosure of serious reportable patient safety incidents. 

The workshop concluded with a lively discussion on the interaction between the Patient Safety Bill, and the existing statutory and regulatory regimes promoting a culture of candour within the healthcare profession.   

Pictured above is speaker Yvonne Joyce, Partner at CKT.