Thursday, June 20, 2019

AUSTRALIA INSURANCE LAW Research Paper Example | Topics and Well Written Essays - 3750 words

AUSTRALIA INSURANCE LAW - Research Paper ExampleIn Australia, the Medical Insurance law is designed in the first place to deter medical negligence as well as to compensate patients who are injured by negligent doctors and other health-care professionals. Where compensation is concerned, several studies watch shown a significant mismatch between claims and negligent injuries, i.e. only a blue proportion of negligent injuries results in claims (the iatrogenic pyramid) (Lavenant, 2002, 4) and only a small proportion of claims involve true negligent injury. (Liebman, 2004, 24) This suggests that many injured patients do not sue for compensation while others readily attribute poor clinical outcomes to negligence. If an injured patient sues because he wants an explanation or apology rather than monetary compensation, then litigation may not be the appropriate solution, as opposed to alternative dispute resolution (ADR). Moreover, medical disputes that arise from poor clinical outcomes c an be settled through proper post-event communication or else of litigation.The determination of appropriate reforms usually takes into account issues on moral justice vis--vis public policy. More often than not, reforms are perceived by their opponents as hard individual rights to institute legal action or to be compensated in whole. On the otherhand, advocates call for reforms to minimise undesirable the economic and non-economic consequences of uppity litigation that may have adverse effects on society. After Rogers v. Whitaker (1992) the court decided it should be decided by the patient if they are will to undergo a medical treatment. The doctors responsibility is to tell patient all about the risks and benefits of any proposed course of treatment. (Love, 2007)Medical malpractice reform is a multidimensional issue that cannot be perceived from a single viewpoint or addressed using one distinct strategy. Inevitably, there will evermore be controversy over various reforms. Thi s paper aims critically to review some

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