Legal News (Healthcare Law)

Tough economic times increase the risk for co-defendants in litigation, along with their insurers/indemnifiers, that one of them could end up footing the bill for a full award of damages - even if they have only been found partly responsible, explains Martha Wilson.

The High Court recently held that a woman was not entitled to a declaration a decision by the HSE’s effectively preventing her from having a home birth was unlawful.

The Medical Council has confirmed that it is now Council’s policy to request all doctors who are the subject matter of a complaint to participate in an audit so that the Council may monitor and assess compliance with the Medical Council’s Professional Competence Scheme.

Following the publication on 17 July 2013 of the Assisted Decision Making (Capacity) Bill 2013 long awaited reform of the law relating to mental capacity and assisted decision making inched closer to reality.

The Medical Council’s Annual Report published at the end of May 2013 showed complaints against doctors in 2012 were up 12% to a record 423 complaints. The main areas of complaint included communication, diagnosis, clinical investigations, follow up care and surgical procedures.

Open disclosure has been described by the Australian Commission on Safety and Quality in Healthcare as “an open discussion of incidents that result in harm to a Patient while receiving healthcare. This includes expressing regret for what has happened, keeping the Patient informed, providing feedback on investigations and the steps taken to manage the event and prevent and prevent a reoccurrence”.