Hospital and Health Boards Regulation 2023
sec.37Reportable events
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sec.37 Reportable events
For section 94 of the Act , definition reportable event , each of the following events is prescribed— surgery or another invasive procedure being performed on the wrong site of a patient’s body resulting in serious harm to the patient or the death of the patient; surgery or another invasive procedure being performed on the wrong patient resulting in serious harm to the patient or the death of the patient; the wrong surgical or other invasive procedure being performed on a patient resulting in serious harm to the patient or the death of the patient; the unintended retention of a foreign object in a patient after surgery or another invasive procedure resulting in serious harm to the patient or the death of the patient; a haemolytic blood transfusion reaction caused by ABO incompatibility resulting in serious harm to or the death of the patient receiving the blood transfusion; the suspected suicide of a patient within an acute psychiatric unit or ward; an error relating to a patient’s medication resulting in serious harm to the patient or the death of the patient; the use of physical or mechanical restraint resulting in serious harm to a patient or the death of a patient; the use of an incorrectly positioned orogastric or nasogastric tube resulting in serious harm to a patient or the death of a patient; the discharge or release of a patient who is a child under the age of 15 years to an unauthorised person; a stillbirth; any death of a patient, or serious harm or other harm to a patient that is likely to be permanent, that— is not mentioned in paragraphs (a) to (i) ; and was not reasonably expected to be an outcome of the health service provided to the patient. For subsection (1) (f) , an acute psychiatric unit or ward is a specialised unit or ward, including a unit or ward within an emergency department, for the treatment and care of admitted patients with a mental illness if the unit or ward— is specifically designed with fixtures and fittings that minimise the opportunity for patient suicide; and is specifically designed to prevent any unauthorised ingress or egress; and is subject to protocols for the observation of patients within the unit or ward. In this section— ABO incompatibility , in relation to a blood transfusion received by a patient, means the use of an incompatible blood group for the patient in the transfusion. invasive procedure means a medical procedure that enters a person’s body including, for example, by cutting or puncturing the skin or by inserting a needle, tube, device or scope into the body. mechanical restraint means a device that controls a person’s freedom of movement. mental illness see the Mental Health Act 2016 , section 10 . serious harm , for a patient, means harm to the patient— that requires life-saving surgical or medical intervention; or shortens the patient’s life expectancy; or that is permanent or long-term physical harm; or that is a permanent or long-term loss of a physical function. stillbirth means the birth of a child— who shows no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother’s body; and who— has been gestated for 20 weeks or more; or weighs 400g or more. unauthorised person , in relation to a child, means a person who— is not a parent or legal guardian of the child; or is not acting under the express or implied authority of a parent or legal guardian of the child for the purpose of subsection (1) (j) ; or is prevented from having access to the child by an order of a court or tribunal. (sec.37-ssec.1) For section 94 of the Act , definition reportable event , each of the following events is prescribed— surgery or another invasive procedure being performed on the wrong site of a patient’s body resulting in serious harm to the patient or the death of the patient; surgery or another invasive procedure being performed on the wrong patient resulting in serious harm to the patient or the death of the patient; the wrong surgical or other invasive procedure being performed on a patient resulting in serious harm to the patient or the death of the patient; the unintended retention of a foreign object in a patient after surgery or another invasive procedure resulting in serious harm to the patient or the death of the patient; a haemolytic blood transfusion reaction caused by ABO incompatibility resulting in serious harm to or the death of the patient receiving the blood transfusion; the suspected suicide of a patient within an acute psychiatric unit or ward; an error relating to a patient’s medication resulting in serious harm to the patient or the death of the patient; the use of physical or mechanical restraint resulting in serious harm to a patient or the death of a patient; the use of an incorrectly positioned orogastric or nasogastric tube resulting in serious harm to a patient or the death of a patient; the discharge or release of a patient who is a child under the age of 15 years to an unauthorised person; a stillbirth; any death of a patient, or serious harm or other harm to a patient that is likely to be permanent, that— is not mentioned in paragraphs (a) to (i) ; and was not reasonably expected to be an outcome of the health service provided to the patient. (sec.37-ssec.2) For subsection (1) (f) , an acute psychiatric unit or ward is a specialised unit or ward, including a unit or ward within an emergency department, for the treatment and care of admitted patients with a mental illness if the unit or ward— is specifically designed with fixtures and fittings that minimise the opportunity for patient suicide; and is specifically designed to prevent any unauthorised ingress or egress; and is subject to protocols for the observation of patients within the unit or ward. (sec.37-ssec.3) In this section— ABO incompatibility , in relation to a blood transfusion received by a patient, means the use of an incompatible blood group for the patient in the transfusion. invasive procedure means a medical procedure that enters a person’s body including, for example, by cutting or puncturing the skin or by inserting a needle, tube, device or scope into the body. mechanical restraint means a device that controls a person’s freedom of movement. mental illness see the Mental Health Act 2016 , section 10 . serious harm , for a patient, means harm to the patient— that requires life-saving surgical or medical intervention; or shortens the patient’s life expectancy; or that is permanent or long-term physical harm; or that is a permanent or long-term loss of a physical function. stillbirth means the birth of a child— who shows no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother’s body; and who— has been gestated for 20 weeks or more; or weighs 400g or more. unauthorised person , in relation to a child, means a person who— is not a parent or legal guardian of the child; or is not acting under the express or implied authority of a parent or legal guardian of the child for the purpose of subsection (1) (j) ; or is prevented from having access to the child by an order of a court or tribunal.