The Australian tort system has been bombarded with numerous criticisms. The honourable Spigelman observation of the insurance crises was that it ‘… reached … fever pitch, in the course of which there were virtually daily reports about the social and economic effects of increased premiums … even hospitals; the early retirement of medical practitioners and their refusal to perform certain servers, particularly obstetric; the inability of other professionals to obtain cover from certain categories of risk led to a similar withdrawal of services.’ 1
Practitioner growth
Firstly the claim that litigation discourages people from practicing medicine is a common criticism of the tort system. A comparison of the practitioner growth …show more content…
Non-fault scheme are great both economically and timely, but they do not necessarily hold medical professional accountable. However, the medical industry and what it deals with makes that matter prevention far more complicated. The great divide between patients and doctors is only fostered by the threat of litigation. Fear of punishment, can be a deterrent, but cases of medical negligence are not simple as petty theft. Fortunately, in extreme circumstances, the New Zealand version of No fault allows for not only compensation via ACC, but also to pursue legal action against those involved. 13
Great Britain ‘225’
In the UK, Medical malpractice is handled by the NHS, however by 1996 it has become very clear that it was failing to meet the needs of litigants. 14 15 Often, an unacceptable delay resolving claims, ranging to an overly long pursuit of claims without merit and defending claims that were obvious in resulting verdict. Even further, was the lowest rate of success when compared to any other form of personal injury in the pursuit of litigation. Not to mention, fostering the same kind of divide between health care providers and patients that could be seen in the United States.