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AMA calls on states to fast track tort law reform - AMA report card on State and Territory tort law reform activity

AMA President, Dr Kerryn Phelps, today released the AMA Report Card on State and Territory Tort Law Reform Activity - an easy-to-read reference to progress being made by the States and Territories to help take the heat out of the medical indemnity crisis.

Dr Phelps released the report from Darwin following a meeting with NT Chief Minister, Clare Martin, during which medical indemnity and tort law reform were discussed, among other issues.

Dr Phelps said the Federal Government's Medical Indemnity Package of 23 October would have little effect unless it is underpinned by significant reform at the State and Territory level.

"New South Wales is well ahead of all the other States and Territories on most counts and the others must show they are willing to catch up, and quickly, if the medical indemnity crisis is to ease off," Dr Phelps said.

"Tort law reform is vital if premiums are to level out and to allow the Federal Government's package of reforms to take effect.

"The medical indemnity crisis is a complex jigsaw that requires all the pieces in place if confidence is to return to doctors still considering their futures.

"Our Report Card shows clearly that some States are dragging the chain.

"This information will make it easier for everyone to understand the complexity of the crisis, and make it easier to identify the areas where more work needs to be done.

"It is important that all governments make tort law reform a priority to provide security and certainty to the many communities around Australia that have seen access to quality medical services disrupted by this crisis," Dr Phelps said.

The Report Card lists work by each State and Territory on key issues including:

Long Term care schemes

Open Disclosure

Limitation Periods for taking legal action

Definitions of Negligence Law in relation to findings of the Ipp Panel

Retrospectivity of claims

Thresholds

Structured settlements and capping of settlements, and

Expert Medical Witnesses.

CONTACT: John Flannery (02) 6270 5477 / (0419) 494 761

Judith Tokley (02) 6270 5471 / (0408) 824 306

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