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Defences in medical negligence : to what extent has tort law reform in Australia limited the liability of health professionals?

Yule, Jennifer M. (2011) Defences in medical negligence : to what extent has tort law reform in Australia limited the liability of health professionals? Journal of Australasian Law Teachers Association, 4(1&2), pp. 53-63.

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Abstract

Tort law reform has resulted in legislation being passed by all Australian jurisdictions in the past decade implementing the recommendations contained in the Ipp Report. The report was in response to a perceived crisis in medical indemnity insurance. The objective was to restrict and limit liability in negligence actions. This paper will consider to what extent the reforms have impacted on the liability of health professionals in medical negligence actions. After an analysis of the legislation, it will be argued in this paper that while there has been some limitation and restriction, courts have generally interpreted the civil liability reforms in compliance with the common law. It has been the impact of statutory limits on the assessment of damages through thresholds and caps which has limited the liability of health professionals in medical negligence actions.

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ID Code: 47771
Item Type: Journal Article
Additional URLs:
Keywords: medical, negligence, defences, tort, reform
ISSN: 1836-5620
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2011 Jennifer M. Yule
Deposited On: 16 Dec 2011 07:53
Last Modified: 16 Dec 2011 21:01

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