How should Irish healthcare providers handle notifiable incidents and complaints?

Notify HIQA of a notifiable incident as soon as possible and within seven days through NIMS, or the Mental Health Commission if it happened in an approved centre, then make open disclosure to the patient at a meeting held in person unless they ask otherwise. Complaints are answered promptly and openly under Standard 1.8, and every incident and complaint becomes learning under Standards 3.2 and 3.3.

What must be notified, and when

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 applies to private and public health services providers, including private hospitals and clinics. A notifiable incident must be notified to HIQA as soon as possible and no later than seven days after the provider becomes aware of it, through the National Incident Management System.¹ Schedule 1 lists the incidents, among them surgery on the wrong patient or site resulting in an unanticipated death, an unanticipated death related to medical treatment or a medication error, maternal and perinatal deaths related to the management of a pregnancy, a death believed to be suicide while being cared for, and a baby who requires or is referred for therapeutic hypothermia.²

Open disclosure under the Act

The provider makes open disclosure as soon as practicable, even before all the facts are known.³ The notifiable incident disclosure meeting is held in person unless the patient or relevant person asks otherwise, and the written statement of what was said is given at the meeting or within five days of it.³ The provider keeps records of the designation, the statements and any requests under the Act.³

Inside the HSE, the Incident Management Framework 2020 sets the method, with Category 1 incidents, major or extreme, notified to the Senior Accountable Officer within 24 hours of occurrence.⁴ Approved centres also keep a record of all incidents under Regulation 32, with a named person for the six-monthly incident summary report.⁵

1. Make the patient safe. Immediate care and support for the patient, and for the staff involved.
2. Check Schedule 1. Decide whether the incident is notifiable, and record who decided and when.
3. Notify within seven days. To HIQA, or to the Mental Health Commission for an approved centre, through the right portal.
4. Preserve the record. Export the audit trail and the notes as they stood, before any amendment.
5. Hold the disclosure meeting. In person unless the patient asks otherwise, led by the designated person.
6. Give the written statement. At the meeting or within five days.
7. Review and learn. Record what changed, and share it under Standard 3.2.

1. Incident date ______ Became aware ______
2. Schedule 1 item ______ Decided by ______
3. Notified to ______ Via ______ On ______
4. Designated person ______
5. Disclosure meeting on ______ In person, yes or no ______
6. Written statement given on ______
7. Review lead ______ Learning shared on ______

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Complaints

Standard 1.8 expects complaints and concerns answered promptly, openly and effectively, with clear communication and support throughout.⁶ In HSE services, Your Service Your Say contacts the complainant within five working days if an investigation is needed, responds within 30 working days, and gives updates every 20 working days after that, with review and then the Ombudsman beyond.⁷ An approved centre needs a nominated complaints person, the procedure displayed, every complaint recorded apart from the care plan, and the complainant told the outcome and how to appeal.⁵

Questions

How does wai help with a HIQA notification?

wai keeps the audit trail and signed notes ready, so the notification you make through NIMS or the Commission's portal, and the review after it, start from exact facts.

Does a private clinic have to notify HIQA?

Yes. HIQA's guidance names private clinics among the private health services providers that report notifiable incidents through NIMS.

Can the disclosure meeting be held by phone?

Only if the patient or relevant person asks for that. The Act says the meeting is generally held in person.

Sources

1. 1Health Information and Quality Authority, 2026Reporting Notifiable IncidentsRead source
2. 2Office of the Attorney General, 2023Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, Schedule 1, Notifiable IncidentsRead source
3. 3Office of the Attorney General, 2023Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, section 24, statements specifying information given at certain meetingsRead source
4. 4Health Service Executive, 2020Incident Management Framework and Guidance 2020Read source
5. 5Mental Health Commission, 2026Judgement Support Framework 2026, for approved centre service providers, version 6.2, January 2026Read source
6. 6Health Information and Quality Authority, 2024National Standards for Safer Better Healthcare, Version 2 (2024), in operation from 26 September 2024Read source
7. 7Health Service Executive, 2026Stages in Your Service Your SayRead source

Written by the wai team from Health Information and Quality Authority guidance, checked on 16 October 2026. This is guidance, not legal advice. Neither HIQA nor the Mental Health Commission endorses wai or any software.