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9 October 2003

The Worth of No-Fault Compensation

NSW - The peak body of people with physical disability in NSW said today that the crisis in Australian Medical Indemnity Insurance must be resolved urgently by the Commonwealth Government. The Physical Disability Council of NSW (PDCN) calls on the Commonwealth to re-consider the worth of introducing "no fault compensation" to take the unmet medical and community needs of people who have experienced "catastrophic injuries / disability" out the realm of litigation.

PDCN recognises that the issue of no fault compensation is not new. Since 1995, the Commonwealth Government has been sitting on the report it commissioned, written by Ms Fiona Tito, entitled Compensation and professional indemnity in health care: a final report. That report supported the introduction of no fault compensation schemes that would have, in part, avoided the current crisis.

David Brice, President of PDCN said:

"People with physical disability who have significant medical and community support needs face the worst consequences if the current crisis in Medical Indemnity Insurance is not quickly resolved. Our needs are greatest of all yet we face the prospect of becoming victims of a fractured public health system, which will only benefit those who can afford to pay."

The Tito Report of 1995 showed how we can provide and pay for high quality medical and community support to people with some of the greatest needs.

Critics who argue that such schemes create a burden on the community fail to recognise that the community will pay a far greater price if the public health systems collapses which will occur if medical specialist / surgeons abandon the public system. By introducing no fault compensation we can develop a rational support system that will avoid this catastrophe and bring an end to the litigation lottery.

More information from Dougie Herd (PDCN Executive Officer) on 02 9552 1606
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this page updated 7 September 2006

The Physical Disability Council of NSW Inc. is an independent community-based organisation providing
education, information, support and advocacy to people with a physical disability in New South Wales, Australia.

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Views expressed by PDC NSW Inc are not necessarily endorsed by the NSW Government.
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