Lawsuits against MDs may get harder in Australia

By Chris Pritchard

SYDNEY, AUSTRALIA – Australian doctors will have unprecedented protection from legal action under negligence law reform proposals outlined recently.
   The proposals, which would also affect other professions such as accountancy, law and engineering, follow a liability insurance blow-out similar to those occurring in other countries.
   They are part of a federal government initiative to have uniform liability laws across the country, but would need to be agreed to by state-level governments.
   The aim is to force people to accept more personal responsibility for high-risk activities.
   The recommendations include diluting some aspects of federal and state consumer-protection laws and removing the right to sue over most incidents that happened more than three years previously.
   What's more, they would strip people of the right to sue in connection with activities considered obviously risky.
   Assistant Federal Treasurer Helen Coonan said she is "pretty sure" insurance companies will re-enter a recently volatile market from which some have withdrawn, hold down premiums and pass on the benefits of reforms to consumers if the recommendations are implemented.
   Meanwhile, Australian doctors' groups have been floating the idea that claims against doctors for damages should in the first instance be evaluated by peer groups before being allowed to proceed.