Families face an expensive legal battle to prove medical negligence in Australia, but experts say reforms that New Zealand undertook two decades ago offer a solution.
Jenna McGregor's newborn son Hugo died when he was just five days old.Australian families are being told they may have to spend hundreds of thousands of dollars to take legal action for medical negligence .
Unlike other areas of accident and injury law, a medical negligence claim requires a claimant to provide significant and potentially costly evidence early in the claims process."I can no longer shower, I can no longer reach my shoes, I have to use a brace," he said.An independent review from a Sunshine Coast doctor in late 2020 identified the dislocation should have been found by the WBHHS in February 2019.
"A part of moving on is for them to accept fault here so there's some sort of closure to it, but with the system as it is, that will never happen. It's kind of a lose-lose situation." Opposition health spokeswoman Ros Bates would only say that Queenslanders should have access to the legal system to seek damages for clinical negligence.
And the cost of that difficult job may be higher than it needs to be, after the Australian Government Actuary — which analyses risk — published its report on medical negligence in 2021. The NZ system, despite having a similar population to Queensland, paid out about four times that at almost AUD$1.27 billion.
Acc Queensland Health Department Of Health Ros Bates Shannon Fentiman Legal Courts NZ Accident Compensation Corporation
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