B: NATIONAL INITIATIVES
Victoria is participating in various national processes which
are undertaking further work to address problems in relation
to medical indemnity.
1. Long term care costs taskforce
Alterations to tort law are not the only measures under consideration
to address problems in relation to medical indemnity. Claims
over $1 million represent nearly half of the total medical indemnity
costs. Whilst not having Victorian specific data available, it
is understood that the cost of long-term care is a significant
component of these claims.
Representatives of the Australian Health Ministers Advisory
Council (AHMAC), Heads of Treasuries Insurance Issues Working
Group and compulsory third party vehicle accident personal injury
insurers (including the Transport Accident Commission) and other
interested parties have formed a Taskforce to examine alternative
arrangements for handling these claims. Victoria is represented
on the Taskforce. They will determine whether the Australian
data is sufficient for meaningful estimation of the impact of
any alternative systems of long-term care provision. The Taskforce
will be reporting to Heads of Treasuries and the Ministerial
Council on Insurance Issues. Victoria will consider the report,
when it is available.
2. Neave report to Australian Health Ministers Council
The Australian Health Ministers Council also established the
Legal Process Reform Group, chaired by Professor Marcia Neave,
to provide advice on ways to respond to problems regarding medical
indemnity.
The Commonwealth, States and Territories have agreed that the Insurance
Issues Working Group, in conjunction with representatives of the portfolios
of Health and Justice, will consider recommendations of the Neave Report,
dealing with a range of issues not already considered by governments.
These include:
- improving courts’ usage of expert witnesses;
- enhancing alternative dispute resolution processes;
- increasing incentives for plaintiffs to accept injury mitigation
services offered by defendants; and
- examining possible reforms to Commonwealth/State/Territory
assistance programs to improve efficiency and transparency.
3. Data on health care negligence cases
Under the auspices of the Australian Health Ministers’ Advisory
Council (AHMAC), a Medical Indemnity Data Working Group (MIDWG)
was established to develop a model for the collection of national
data on health care negligence cases. The lack of a nationally
aggregated, de-identified, data collection on health care related
claims hampered analysis of the reasons for litigation related
increases in premiums both in the public and private sectors.
MIDWG has now developed a comprehensive data collection framework for
the public sector, and the data set is being established . In tandem,
work is progressing to supplement the national public sector collection
with medical indemnity claims from the private sector, including private
hospitals. This work is currently being undertaken by representatives
of Australia’s Medical Defence Organisations. |
