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Medical Indemnity Reform in Australia: “First Do No Harm”

Published online by Cambridge University Press:  01 January 2021

Fiona Tito Wheatland
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Extract

Medical indemnity is not usually the stuff of high political and social drama in Australia. When the biggest medical defense organization went into voluntary liquidation in 2002, this all changed. Newspapers carried stories on an almost daily basis about the actual or possible negative impact of the “crisis” on doctors, hospitals, and communities. Doctors became increasingly vocal in their criticisms and expansive in their claims. Their political organization, the Australian Medical Association, lobbied powerfully and successfully for government intervention to address the problem of dramatically escalating premiums for some doctors. This, combined with a broader public relations campaign about public liability insurance, resulted in significant changes in the law at both the federal and state level - not just in the area of medical negligence but in relation to most personal injury litigation.

The genesis of and reasons for current medical indemnity problems in Australia have been the subject of much speculation and little rigorous analysis.

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Article
Information
Journal of Law, Medicine & Ethics , Volume 33 , Issue 3 , Fall 2005 , pp. 429 - 443
Copyright
Copyright © American Society of Law, Medicine and Ethics 2005

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