Professional and statutory candour

E. Promptly tell the patient or parents, apologise, explain known consequences and next steps, document the discussion, and activate local incident review

Professional candour requires openness when something has gone wrong irrespective of whether the statutory Regulation 20 notifiable-safety-incident harm threshold is ultimately met. The provider must separately assess that statutory threshold; investigation should not delay honest disclosure.

Why every option is right or wrong

A. Wait for governance staff to decide whether Regulation 20 applies before speaking: The statutory threshold assessment is separate; professional candour and prompt communication should not await it.

B. Disclose only if audiometry later proves permanent harm: Professional candour is not conditional on proof of lasting injury.

C. Describe the event as an unavoidable device complication: A factual account must not obscure that treatment occurred on the wrong side.

D. Record the correction in the operation note but omit organisational reporting: Accurate records are necessary, but local reporting and systems learning are also required.

E. Promptly tell the patient or parents, apologise, explain known consequences and next steps, document the discussion, and activate local incident review: Professional candour requires openness when something has gone wrong irrespective of whether the statutory Regulation 20 notifiable-safety-incident harm threshold is ultimately met. The provider must separately assess that statutory threshold; investigation should not delay honest disclosure.

What if the scenario changed?

If the wrong-side plan were caught at the team brief before anaesthesia and no treatment reached the patient, there would be no patient-safety incident requiring statutory Regulation 20 notification; the near miss should still be recorded and reviewed locally, with proportionate communication under local policy.