Carr in the Driver's Seat on Long-Term Care for the Severely Injured - AMA
Chair of the AMA's Medical Professional Indemnity Task Force (MPITF), Dr Andrew Pesce, today urged the Federal Government to get behind initiatives flagged by NSW Premier, Bob Carr, to improve the processes that provide lifetime care for people severely injured in accidents.
Dr Pesce said Mr Carr's proposals are worthy but he must go the extra important step and include medical accidents in his proposed scheme.
"The AMA has been telling the Federal Government for some time that a Long-Term Care Scheme for the severely disabled is the important final instalment in its much-welcomed medical indemnity reforms," Dr Pesce said.
"A Long-Term Care Scheme would add security and certainty and fairness to the Australian medical indemnity system and provide appropriate care for the injured without costly confrontational legal battles.
"We must learn from the Guy Swain High Court decision yesterday.
"Nobody will begrudge that Guy has received financial assistance for quality lifetime care.
"But under the current system the majority of severely disabled people do not reach the courts, let alone receive assistance.
"The other question is whether a one-off payment will guarantee people like Guy the type of care they need at home for their whole life.
"Experience has shown that one-off payments can run out very quickly and patients end up in nursing homes or other care, and not in the home environment they wished for.
"I think that when the benefits of a Long-Term Care Scheme are fully explained, the community will get right behind it.
"Thankfully, Guy Swain has received assistance but the sad truth is that many other severely injured people remain without assistance for their care.
"A national Long-Term Care Scheme would help more people get the type of care they need for their whole lives in a family environment, not an institution," Dr Pesce said.
Dr Pesce said there was informal support from Government members for a national long-term care scheme during the resolution of the medical indemnity crisis.
"In 2003, the Health Minister's Medical Indemnity Review Panel recommended that the jurisdictions work on developing a scheme for the long-term care of the catastrophically injured.
"At the time, the Federal Government agreed to this recommendation, but it has been left sitting on the table ever since.
"We now need to see the 2003 recommendation turned into action," Dr Pesce said.
Background:
The AMA outlined its proposal for a Long-Term Care Scheme for the severely disabled, including those disabled in medical accidents, in its 2005 Federal Budget Submission in late January.
Australia's 'hit and miss' fault-based adversarial system, which provides lump sums by way of compensation to the few who negotiate the litigation maze, is inequitable and inadequate. It hits the headlines when there are massive payouts for some, while others get nothing.
The AMA first called on the Federal Government to lead the development of a nationally coordinated long-term care scheme at the Prime Minister's National Summit on Medical Indemnity held in Canberra on 23 April 2002 - and the AMA urged that those severely injured from medical accidents be included in such a scheme.
The scheme would cover cerebral palsy babies born with severe disabilities, irrespective of whether someone's fault contributed to the condition or not. Most disabilities arise out of congenital causes. Some children get millions of dollars in court awards, but most get nothing.
All the States and Territories have undertaken some tort law reform - some jurisdictions better than others.
But so far there has been no commitment to implement a national or nationally coordinated long-term care scheme for the severely disabled from wrongful acts or omissions, let alone from medical mishaps.