Re: The need for healthcare reforms: is no-fault liability the solution to medical malpractice?
- 23 Downloads
In ‘The need for healthcare reforms: is no-fault liability the solution to medical malpractice?’(volume 11, issue 1 of ABR in March 2019; Rai and Devaiah 2019), Shivkrit Rai & Vishwas H. Devaiah looked at New Zealand’s no-fault liability system as a model from which the authors highlighted a number of advantages including greater efficiency in resolving medical malpractice claims, reduction in social cost and safer medical care.
I commend the authors on getting to grip with another country’s health system and distilling that in a paper. I am encouraged by their interest especially as New Zealand’s experience with no-fault injury compensation has long attracted attention from torts scholars and healthcare policy analysts (Bismark and Dauer 2006). However, some of Rai & Devaiah’s comments, particularly in the section headed ‘No-fault liability system as a possible solution’, do not portray an accurate picture of New Zealand’s Accident Compensation Corporation (ACC) scheme and require...
Compliance with ethical standards
Conflict of interest
I am a Senior Policy Adviser and Researcher at the Medical Council of New Zealand. Before that, I was an Investigator at the Office of the Health and Disability Commissioner. The views expressed in this commentary are my own and are not to be attributed to either organisation.
- Accident Compensation Act. 2001. http://www.legislation.govt.nz/act/public/2001/0049/latest/DLM99494.html?search=ts_act%40bill%40regulation%40deemedreg_accident+compensation_resel_25_a&p=1Accessed 5 June 2019
- Accident Compensation Corporation. ACC589 Getting help with an injury caused by treatment. Published June 2016. Accessed on 26 April 2019. https://www.acc.co.nz/assets/provider/e2099d6ec3/acc589-treatment-injury-help.pdf
- Accident Compensation Corporation. “What we cover.” Accessed on 23 April 2019. https://www.acc.co.nz/im-injured/injuries-we-cover/what-we-cover/
- Accident Rehabilitation and Compensation Insurance Act. 1992.Google Scholar
- Bismark, Marie, and Ron Paterson. 2006. No-fault compensation in New Zealand: harmonizing injury compensation, provider accountability, and patient safety. Health Aff 25 (1): 278–283. https://doi.org/10.1377/hlthaff.25.1.278.
- Chong, SA. The threat of malpractice suits falls even on good doctors. The Straits Times, 2019. https://www.straitstimes.com/opinion/when-doctors-are-sued-the-threat-of-malpractice-suits-falls-on-all-doctors-even-good-ones Accessed 26 April 2019
- Dyson R. 2004. Treatment injury to replace ACC medical misadventure. Accessed 23 April 2019. https://www.beehive.govt.nz/release/treatment-injury-replace-acc-medical-misadventure
- Health and Disability Commissioner. 1996. Code of Health and Disability Services Consumers’ Rights. https://www.hdc.org.nz/your-rights/the-code-and-your-rights/
- Hill, A. 2017. The role of the Health and Disability Commissioner and the Code of Rights. In Cole’s Medical Practice in New Zealand, ed. Kevin A. Morris, 13th ed., 416–439. Wellington: Medical Council of New Zealand https://www.mcnz.org.nz/assets/News-and-Publications/V6-Coles-Medical-Book-2017.pdf. Accessed 4 June 2019
- Lillis, S. 2017. Maintaining competence. In Cole’s Medical Practice in New Zealand, ed. Kevin A. Morris, 13th ed., 153–159. Wellington: Medical Council of New Zealand https://www.mcnz.org.nz/assets/News-and-Publications/V6-Coles-Medical-Book-2017.pdf. Accessed 4 June 2019
- Medical Council of New Zealand. “Recertification & professional development.” Accessed 23 April 2019. https://www.mcnz.org.nz/maintain-registration/recertification-and-professional-development/.
- New Zealand High Court. 1996. McLaren Transport Ltd v Somerville. 3 NZLR 424.Google Scholar
- New Zealand Supreme Court. 2010. Couch v Attorney-General (No 2). NZSC 27, 3 NZLR 149.Google Scholar
- Wallis, K. 2013. New Zealand’s 2005 ‘no-fault’ compensation reforms and medical professional accountability for harm. N Z Med J 126 (1371): 33–44.Google Scholar