The role of law in communicating patient safety

Abstract

This chapter considers the role of the law in communicating patient safety. Downie and colleagues' (2006) 'preventing, knowing and responding' theoretical framework is adopted to classify the different elements of patient safety law. Rather than setting out all relevant patient safety laws in detail, this chapter highlights key legal strategies which are employed to prevent the occurrence of a patient safety incident ('preventing'); support the discovery and open discussion of patient safety incidents when they do occur ('knowing'); and guide responses after they occur ('responding') (Downie et al., 2006). After highlighting some legal strategies used to communicate patient safety, two practice examples are presented. The practice examples highlight different aspects of patient safety law and are indicative of communication issues commonly faced m practice. The first practice example focuses on the role of the coroner in communicating patient safety. It highlights the investigative role of the law in relation to patient safety (knowing).