Indemnity and insurance issues Obstetric Malpractice Conference

23 June 2015 | Ruanne Brell, Senior Solicitor

>  Claims data

>  Trends

>  Current key risk areas

>  Emerging issues and implications

Agenda

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Total claims 1997-2014

>  Over 60,000 health practitioners and students >  Avant members account for about 60% of

registered obstetricians and gynaecologists across Australia

>  Data gathered from the member base

4

Avant claims data total O&G claims by year 2003-2013

0

20

40

60

80

100

120

140

160

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Avant claim frequency per 100 members 1993-2009

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Claim frequency by type

-

20

40

60

80

100

120

140

160

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Cla

im F

requ

ency

(per

100

0 M

embe

rs)

Calendar Notification Year

Australian Claim Frequency by Claim Type for Obstetricians (per 1000 Members)

Non Civil (Including Disciplinary) Civil

Types of claims

Disciplinary Coronial Compensation Claim Notification

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Nature of claims

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0

10

20

30

40

50

60

70

80

Emerging issues

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>  Civil litigation case numbers relatively steady

>  Slow but steady rise in disciplinary claims

>  New areas –  technology/social media – diagnostic testing in early pregnancy

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Recent Avant medico legal experience

Claims concerning alleged mismanagement of labour continue •  cerebral palsy/catastrophic

injury •  high value claims •  role of interpretation of CTGs •  delay in claims being

brought/determined

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Claims experience

>  Claims related to diagnostic testing in early pregnancy

– promise of new techniques

– communication and patient expectations

– patient understanding of risk

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Claims experience

Internet and social media

online forums

use of smartphones

clinical images

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Claims experience

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Questions

General disclaimer The information in this presentation is general information relating to legal and/or clinical issues within Australia (unless otherwise stated). It is not intended to be legal advice and should not be considered as a substitute for obtaining personal legal or other professional advice or proper clinical decision-making having regard to the particular circumstances of the situation.

While we endeavour to ensure that documents are as current as possible at the time of preparation, we take no responsibility for matters arising from changed circumstances or information or material which may have become available subsequently. Avant Mutual Group Limited and its subsidiaries will not be liable for any loss or damage, however caused (including through negligence), that may be directly or indirectly suffered by you or anyone else in connection with the use of information provided in this document.

Important notices

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