Wednesday, August 24, 2011

Patients need to be able to value and trust the knowledge and judgement of doctors

http://ama.com.au/node/6569

“Hired guns” still a problem for profession


MEDICAL negligence claims against some doctors are being frustrated and prolonged due to the poor quality of some expert reports, according to medicolegal experts who have renewed calls for changes to the expert witness system.

There was an element of “hired gun” experts in some cases, where legal teams selected a doctor known to hold the views that supported their case, said Cheryl McDonald, who is claims department manager for medical indemnity organisation Medical Insurance Group Australia.

“Sometimes when you see a report and it’s by Dr X you know it’s going to be critical before you’ve even turned the page”, Ms McDonald said.
She said inaccurate or “mischievous” expert witness reporting could drag out claims that had little merit and might never go to court. This increased costs for the insurer which were then passed onto doctors through indemnity premiums.

“Even if the [expert’s] claims are mischievous, they are still lending support to the plaintiff’s claim, which then causes us to continue defending the claim. It’s a problem”, she said.
The calls for changes come after the United Kingdom Supreme Court ruled to remove immunity from prosecution for expert witnesses, which means an expert witness in the UK can now be sued for professional negligence if they provide a negligent opinion. (1)  Issue 14, 18 April 2011
MJA Insight

Sunday, August 21, 2011

"We should have the freedom to research all available options."

FORMER Australian of the Year Patrick McGorry has aborted a controversial trial of antipsychotic drugs on children as young as 15 who are "at risk" of psychosis, amid complaints the study was unethical.
The Sunday Age can reveal 13 local and international experts lodged a formal complaint calling for the trial not to go ahead due to concerns children who had not yet been diagnosed with a psychotic illness would be unnecessarily given drugs with potentially dangerous side effects.

Last month, psychiatrists, psychologists and researchers from Australia, Britain and the US lodged a complaint with the ethics committee of Melbourne Health, the umbrella health service that includes Orygen.
They argued there was little evidence onset of psychosis can be prevented and it was potentially dangerous to use antipsychotics on people who merely have risk factors for a psychotic illness. They said there was evidence that up to 80 per cent would never develop a disorder.