First Thursday Club: Medical Negligence: The Defence Of Peer Professional Opinion

Under Australian State and Territory laws, a health care provider may have a defence to a claim for medical negligence if they can show that they acted in a manner that was widely accepted by a significant number of practitioners in the field as competent professional practice.

There are close to 100,000 registered doctors in Australia. What is a “significant number” and do I have to check in with them all to establish this defence?

There are almost 40,000 physiotherapists. Do I need to speak with 20,000 of them to establish a peer defence?

Where this defence can be used it can provide a very strong argument, in the face of critical expert opinion, as to why a health care provider should not be held liable.

But when can the defence be employed? And how do you establish that a significant number of ones peers share your view? You can’t take statements from them all.

Join us for the next First Thursday Club session where Robert Samut will discuss:

• The evolution of the Bolam test.
• The introduction of the Bolam test into Australian State and Territory legislation .
• How the defence differs across the country.
• What are the critical elements of the peer review defence?
• How do you practically establish the defence?
• What are the limitations of the defence?