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AMA criticises inadequacy of tort law reform
AMA Victoria has expressed extreme disappointment over the State Government’s steadfast refusal to hear concerns of Victorian doctors regarding a failure to return to the Bolam principle.
Despite seeking to clarify the law of negligence the Bracks Government has created further confusion for Victorian doctors by introducing legislation that is grossly deficient in terms of providing for reasonable, easily identifiable professional standards of care that are consistent with other states.
Responding to Government claims that the Bill was broadly in line with the other states AMA Victoria Vice-President Dr Kate Duncan said insistence on using the word “unreasonable” instead of “irrational” had dramatic consequences for the State’s healthcare system.
“New South Wales and Queensland have both included the word irrational in their legislation, in accordance with the considered recommendation in the Ipp report” said Dr Duncan.
“By going against this wording the Victorian Government has botched an opportunity to maintain consistency across the states which is paramount in this situation” said Dr Duncan.
AMA Victoria President Dr Sam Lees said doctors in Victoria were promised a certain level of security to practise and now the Bracks Government seemed decidedly disinterested in delivering on that promise
“Whilst the Government has ignored calls from doctors to return to Bolam principle it has gone ahead to legislate to limit the liability of other professional groups.”
“The purpose of peer review and a return to the Bolam principle was to provide certainty for doctors and such certainty would no doubt mean improved quality and effectiveness of the services doctors provide to their patients in hospitals” said Dr Lees.
“Whilst AMA Victoria commends the Government on its earlier tort law reform, particularly threshold legislation, the current Bill is inconsistent with any commitment to sustaining quality healthcare in Victoria.”
Dr Duncan said AMA Victoria, would continue to lobby the Government on behalf of doctors and their patients to guarantee that appropriate measures are in place to allow doctors to practise medicine confidently in this State.
“Doctors have always maintained the goal of a high-quality, equitable and sustainable public health system and we will strive to see this goal adequately reflected by pushing for whatever changes are necessary to current tort law” said Dr Duncan
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