Tort Law Reform Essential in Light of High Court Ruling
AMA Vice President, Dr Mukesh Haikerwal, said today the High Court's decision on Cattanach and Melchior highlights the ineffectiveness of current tort law reform and that more needs to be done.
"The findings leave medical practitioners even more exposed in the current medical indemnity crisis," Dr Haikerwal said.
"While tort law reform initiatives are taking place, the court's decision means there are now even more opportunities to grant compensation on new ground. This will drive up medical indemnity costs and the cost of patient care," he said.
"Medical indemnity insurance was intended to compensate for major medical disasters. But this is not a disaster, it is an unexpected outcome resulting in the birth of a healthy child. Such a birth is not a disaster.
"The system has broken down. Despite state and federal government initiatives, the system is broken. Insurance reserves were never intended to cover claims such as this.
"It's time to determine what it is that we want this system to provide.
"If medical indemnity is to cover claims such as this, we won't be able to afford to have doctors, nor will doctors feel comfortable working in such an environment.
"Under the current blame-driven system, financial compensation is the only option for a person who suffers economic loss from the negligence of another. The courts are powerless to factor in the non-financial value of an outcome. Parenting and responsibility are important values that should be supported.
"The case will have huge implications, not just for gynaecologists doing tubal ligations, but any GP providing contraceptive and family planning advice.
"The states must review the right of parents to claim compensation for the 'wrongful' birth of healthy children in their tort law reform initiatives," Dr Haikerwal said.
CONTACT: Judith Tokley (02) 6270 5471 / (0408) 824 306