Negligence Review Encouraging
AMA President, Dr Kerryn Phelps, said today the first report of the Review of the Law of Negligence was encouraging and should provide some comfort for doctors reeling from the medical indemnity crisis.
Dr Phelps said the Review panel has exhibited a high level of understanding of how the existing law of negligence is weighted against medical practitioners.
"The AMA welcomes the recommendation that there should be a single national definition of medical negligence," Dr Phelps said.
"Perhaps the most significant recommendation, however, is that medical negligence cases will be referred for peer review.
"This is a significant move away from the current flawed 'expert witness' system and will provide judges with greater insight into the split-second life-and-death decisions that confront doctors when caring for their patients.
"At the same time, genuine negligence cases will be considered accordingly by the courts.
"On the surface, the recommendation of a three year limitation period from the date of 'discoverability' looks reasonable, but the AMA will need to have a closer look at the detail before offering a comprehensive response.
"Patients with certain diseases or conditions would need separate consideration, and the Panel has made note of this.
"Overall, the positive nature of this first report augurs well for the second report on 30 September and a final set of recommendations to be put to Governments.
"It is the AMA's view that a consistent national response to the Law of Negligence by the Commonwealth and all State and Territory Governments is necessary if the Panel's recommendations are to bring about the changes being demanded by the community.
"The AMA looks forward to the next instalment from the Panel and any other initiatives that will help solve the medical indemnity crisis that is threatening the equitable provision of health services to the Australian community.
"Today's report is just one piece of a very large medical indemnity jigsaw," Dr Phelps said.
CONTACT: John Flannery (02) 6270 5477 / (0419) 494 761
Sarah Crichton (02) 6270 5472 / (0419) 440 076