TAXPAYERS have been forced to fork out hundreds of thousands of dollars after blunders at Queensland public hospitals led to more than 500 lawsuits being lodged against Queensland Health between July 1, 2010, and December 31, 2012. Source: Herald Sun
TAXPAYERS have been forced to fork out hundreds of thousands of dollars after blunders at Queensland public hospitals left a baby severely brain damaged, a woman unaware she was dying of breast cancer, and a patient without an unnecessarily amputated leg, new reports show.
More than 500 lawsuits were lodged against Queensland Health between July 1, 2010, and December 31, 2012, but fewer than a third were finalised and just nine reached settlements, according to documents obtained by The Sunday Mail under Right to Information laws. The failure to detect a woman's breast cancer resulted in the largest payout, of $610,000.
Lawyers specialising in personal compensation say they receive an average of two calls a day relating to medical negligence, but very few result in legal action, not because it can't be proven, but because it's not cost-effective.
Bennett and Philp Lawyers director Mark O'Connor said the system was geared against the disadvantaged - namely the aged, people on disability pensions, and stay-at-home mothers who were unlikely to return to the workforce.
"If someone has a damages claim worth less than $63,991 after July 1 last year, they can recover their legal costs, but less than that, no matter how valid the claim is, the most you can get back is $3210 - that's if your claim is worth more than $38,391. Below that you don't recover any legal costs at all," Mr O'Connor said.
"If you have a pensioner who suffers an injury in a public hospital that gives them a few months of grief, no matter how legitimate the claim is, the action almost certainly won't be pursued because you won't get the opportunity to recover any of the legal costs. Any legal costs come out of the damages and it's just not worthwhile."
Mr O'Connor said the difficulty with health litigation was exacerbated by the fact doctors were loath to give evidence against each other.
"Health applications are extremely difficult for a lot of reasons because lawyers who investigate claims are captive to expert opinion from other doctors and that's often difficult to get," he said.
The Sunday Mail's Right to Information investigation. The cost of medical mishaps.
"If I have a claim against an orthopaedic surgeon from Queensland I would have to source that opinion from NSW or Victoria because it's such a collegiate profession."
Health Minister Lawrence Springborg said the cases of improper treatment were a small portion of Queensland public hospitals' annual caseload.
"The Government regrets these incidents and believes the small number of people who are harmed are entitled to have their claims addressed through QGIF (Queensland Government Insurance Fund) and the legal process," he said.
"Unfortunately, false claims are made from time to time and for this and other reasons, careful consideration of each case is necessary."
alison.sandy@news.com.au
The Sunday Mail'sRight to Information investigation. The cost of medical mishaps.
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