AHMAC legal process reform group medical indemnity options paper
In welcoming the release today of an Options Paper on Medical Litigation Reform by the Australian Health Ministers Advisory Council (AHMAC) Legal Process Reform Group, AMA President, Dr Kerryn Phelps, said the AMA takes issue with three aspects of an otherwise substantial contribution to the medical indemnity debate.
The AMA is a participant in the Reform Group but reserves the right to dispute some of its recommendations, a point acknowledged by AHMAC's Dr Penny Gregory.
Dr Phelps said the AMA has concerns about the following aspects of the report:
The proposal relating to the time period in which a person can sue a doctor. The AMA seeks that the period be shortened and made certain and nationally consistent to allow for Medical Defence Organisations to make accurate funding indemnity provisions.
The recommendation that the law of negligence remain unchanged. The AMA supports the proposals put forward by Justice Ipp's Panel that recommend a modification of the Bolam principles.
The proposal that Open Disclosure principles be incorporated into legislation. This is contrary to the aim of bettering doctor/patient communication, and can only lead to more litigation - an outcome beneficial only to the legal profession.
"We will discuss these points further with AHMAC and the Federal Government as we urgently seek a medical indemnity outcome that brings certainty and security to doctors and patients," Dr Phelps said.
"The priority remains for all the States to fast track their tort law reform and the Government to announce its reform package to allow doctors to make important career decisions well before the UMP guarantee expires on 31 December."
CONTACT: John Flannery (02) 6270 5477 / (0419) 494 761
Sarah Crichton (02) 6270 5472 / (0419) 440 076