AUSTRALIA: A LEGAL SAFEGUARD AGAINST HOSPITAL NEGLIGENCE TO BE REMOVED

As part of the "solution" to public hospital capacity shortfalls in Queensland

PUBLIC patients whose operations are botched will lose their right to sue the State Government under a plan to reduce hospital elective surgery waiting lists. Thousands of people who will have their operations outsourced to private hospitals will also be unable to access their case notes under the Freedom of Information Act if things go wrong. Under the plan, called Surgery Connect, a broker will be paid a one-off, $8.5 million fee to find private hospitals to treat the state's long-wait public patients.

Many of the operations will be complex, including shoulder surgery, hip and knee-replacements, prostatectomies and treatment of aortic aneurisms (swelling and weakness in the wall of the aorta). But, under the Surgery Connect model, the broker will be liable if an operation goes wrong. The tender closed on May 9.

The Queensland branch of the Australian Medical Association said it did not tender because the cost of insurance was too high. Queensland Health last night rejected claims it had washed its hands of public patients, saying they could sue the broker if problems arose. A department spokeswoman said patient notes would remain the property of private providers, but patients could access records under the Federal Privacy Act. However, legal advice obtained by The Courier-Mail said that, in regard to some matters, it could be harder to obtain information under the Federal Act.

AMAQ spokeswoman president Zelle Hodge said she was unsure who would be willing to take on the inherent risk associated with the model. "I think patients should be extremely worried not only as an individual but the bigger picture is this is just another way to run down the public hospital system," Dr Hodge said.

In a statement, Queensland Health said the rights of public patients would not be eroded: "The broker is required to indemnify Queensland Health and to maintain appropriate levels of insurance in respect of medical negligence claims," the statement said. "The broker is then responsible for ensuring the health providers it engages are appropriately credentialled and insured for such claims. "These measures are designed to provide a safety net for patients who may have suffered adverse consequences of medical treatment they have received from the private provider. "It would be remiss of Queensland Health if it did not ensure that such contractual requirements were imposed on private providers. It is also important to keep in mind that the broker and private providers are providing health services to these patients so it is expected that, legally, they would bear the risk."

The AMAQ last year held talks with the Government about outsourcing some public elective surgery but, under its plan, patients would be treated in public hospitals and, where possible, public doctors would operate in private hospitals. President-elect Dr Ross Cartmill said the arrangement included Queensland Health providing indemnity insurance.

Federal Health Minister Tony Abbott said contracts entered into by the Queensland Government and Queensland Health were issues for those bodies. "The outsourcing of elective surgery is an admission of defeat and an admission by Labor that the private health sector is an essential part of our health system."

Source

***************************

For greatest efficiency, lowest cost and maximum choice, ALL hospitals and health insurance schemes should be privately owned and run -- with government-paid vouchers for the very poor and minimal regulation. Both Australia and Sweden have large private sector health systems with government reimbursement for privately-provided services so can a purely private system with some level of government reimbursement or insurance for the poor be so hard to do?

For more postings from me, see TONGUE-TIED, GREENIE WATCH, POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC, GUN WATCH, EDUCATION WATCH, AUSTRALIAN POLITICS, DISSECTING LEFTISM, IMMIGRATION WATCH and EYE ON BRITAIN. My Home Pages are here or here or here. Email me (John Ray) here. For times when blogger.com is playing up, there are mirrors of this site here and here.

***************************