Valid claims for medical mishaps go begging

By ANGELA GREGORY

People could be missing out on medical misadventure compensation in four out of five cases.

The Accident Compensation Corporation estimates it receives only 20 per cent of what could be valid compensation claims for medical mishap or error.

ACC Healthwise general manager Dr David Rankin revealed the figure at an Auckland conference, where speakers largely dismissed bringing back the right to sue for medical negligence.

A participant at the conference, Charles Munro, said the figure was not surprising given the mindset people had to overcome to complain about the medical profession.

"It is too damn hard."

Mr Munro said one of his babies died and another was damaged after physiotherapy treatment at National Women's Hospital. After many years, the case had still not been dealt with by the Medical Council's complaints assessment committee.

Patients suffered the adverse consequences of medical misadventure and were then left to establish themselves as a victim in need, he said.

"It degrades the spirit and attacks the core of one's being."

The medical profession had an extremely high level of protection and its resources hugely outweighed those of the complainant, said Mr Munro.

"The current system does not breach that gap."

The medical profession needed to tell the truth and be accountable.

Helen Cull, QC, said she had heard of cases in which patients had been advised against making claims by their doctors because they knew the medical professionals involved.

That was a particular problem in small rural areas, she said.

Helen Cull said hospitals were also patronising when patients tried to complain.

"One woman was told she was lucky to be alive."

But she did not advocate a return to the right to sue for medical negligence.

Litigation could take years and the costs could outweigh the benefits.

"It might see only the big cases taken on."

The executive director of the Women's Health Action Trust, Sandra Coney, said too few medical misadventure cases were getting through to successful disciplinary proceedings.

The present system was complex, inconsistent, biased towards health professionals, slow and lacked credibility.

She said the complaint assessment committees at times acted beyond their powers by prejudging cases rather than sifting out the frivolous claims.

"They should be abolished. They are too self-serving, too secretive and not robust enough in the way they are operating."

But Sandra Coney said she would be reluctant to see the right to sue brought back.

Lawyer Antonia Fisher, QC, argued for a compromise which would give ACC the right to sue the wrongdoer.

At present, she said, compensation was inadequate.

There were obstacles to and delays in having claims accepted, and there was a sense of injustice felt by the community.

Professor Peter Davis, of the Christchurch School of Medicine, disagreed, saying her idea was halfway towards privatisation.

But the compensation system needed improving, he said.

People were besotted with medical intervention, which exposed the potential for something to go wrong.