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Negligent doctors rewarded

Adrian McGregor, The Australian, 3 December 2002

Plaintiff lawyers have attacked proposed new Queensland reforms that reduce the period in which parents can sue doctors on behalf of their children, saying they "reward medical negligence".

Premier Peter Beattie yesterday gave the doctors what they wanted: a six year limit on the rights of parents to sue for negligence from the time they become aware their child was injured.

However, under the draft legislation judges will still be able to use their discretion to waive the new statute of limitations and, under extraordinary circumstances, allow parents to sue until their children turn 21.

In any such action, parents could not claim for medical costs incurred during the previous six years.

Australian Lawyers Alliance spokesman Ian Brown said that the legislation rewarded negligent doctors if parents did not pursue claims in the required time.