Hi
Thought you might be interested in reading this email I
recieved from Philip Cocks - he was interviewed by Chanel 7 on Thursday
regarding the PI issue. He raised some interesting points.
Cheers
Jane
Pregnancy, Birth and Beyond Dear Jane
Many thanks for forwarding
information regarding your attempts to arrange continuing indemnity cover for
independent midwifery. I think that it is unlikely that a private insurance
company will be prepared to offer the type of cover that you need at a price
that you can afford. Therefore I think that you should push for inclusion in the
Treasury Managed Fund (or equivalent in other states) which covers all
nursing and medical staff in public hospitals. The fact that NSW Health
acknowledges that homebirth should be an option places some responsibility on
them to help you in the present crisis. Health Departments would be more
receptive to the proposal if your Association agreed to participate in peer
review etc.
I note that one of the options that
your colleagues are considering is "going bare". A signed statement from your
clients to the effect that they were aware that you were not indemnified would
probably have no validity in the event of a claim. In the present medicolegal
environment the only avenue for financial assistance open to parents of a
child with major neurological abnormality is to lodge a claim against the birth
attendant. One could argue that it is ethically improper to deny that access to
assistance by deliberately working without liability cover. The Health Care
Liability Bill presently before Parliament in NSW will require doctors to carry
indemnity cover as a condition of registration and I expect that this
requirement will flow on to other health professionals.
Good luck with your campaign. Please
let me know if I can help in any way.
Yours sincerely
Phil Cocks
Obstetrician &
Gynaecologist
AMA (NSW Branch)
Counsillor
Westmead NSW
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