Ross Blair

Thoracic & Vascular Surgeon
HAMILTON
• Councillor, Royal Australasian College of Surgeons
and Chairman of the Court of Examiners 1999-2007
• Chairman, Ethics Committee RACS 2006-2007
• Royal New Army Medical Corps Territorial Officer
1995-1997
• Director of Army Medical Services, and currently
Colonel Commandant RNZAMC
• Chairman of the New Zealand Medical Law Reform Group
With a continued interest in Medico-Legal matters and
Foundation Member of the Medico-Legal Section of the
RACS 1994-1997
• Member of the New Zealand Panel Medical Protection Society
2002-2010

 

 

Scrutiny of Malpractice Insurance Providers
Main Session
Friday, 15 August 2014 Start 5:20pm Duration: 25mins Plenary
In New Zealand we are fortunate that in1974 ACC replaced the Tort system for claims for accident or treatment injury with the potential for large financial clams against Medical Practitioners. However Disciplinary activities by NZ Medical Council investigations by the Health and Disability Commissioner, and ACC can cause considerable anxiety and perhaps result in loss of registration to practice or significantly damage a professionals reputation. Hence our need to have an effective Insurance cover so that the appropriate advice, and if needed legal counsel, can be provided.

The Professional Indemnity Cover required may be provided by a standard insurance policy, which most of the NZ companies carry, or by a ‘mutual’ society, such as MPS where the cover is discretionary.

The collapse of some Insurance companies resulted in the NZ Insurance Act to ensure they carry sufficient equity to cover their policies. MPS for an example, is not considered under this law to be an insurer and therefore does not have to meet the required standard. The collapse of UDP in NSW in 2003 as the result of a massive and successful claim in the courts, paralysed medical practice in that state as well Victoria and Queensland for several weeks. The Federal Australian Government had to step in to support Indemnity cover for the profession to get back to work Therefore above allthe stability of the Indemnity cover is of a major importance.

The advisory aspect of the cover has become more important with the alarming number of levels that complaints arise ; from the employing authority, ACC HDC, and Medical Council and the Tribunal. With the appropriate advice and reassurance, no formal costly legal counsel may be required.

The Unions, the RDA ASMS and the Nurses Union promote specific Indemnity cover for their members which may provide some conflict of interest.

The advantages/disadvantages of the two types of cover available in NZ will be further analysed.

Conflict of Interest.
I have a clear conflict of interest with my Chairmanship of MEDICUS Indemnity NZ (Inc).

Medicolegal Worskhop - Case Studies
Concurrent Workshop Repeated
Saturday, 16 August 2014 Start 11:00am Duration: 55mins Room 7
Start 12:05pm Duration: 55mins Room 7