Defensive medicine in general practice: recent trends and the impact of the Civil Liability Act 2002 (NSW).
This article presents the results of a survey conducted among New South Wales medical practitioners to assess the extent to which the enactment of the Civil Liability Act 2002 (NSW) has reduced the practice of defensive medicine. The new legislation was intended in part to reduce the practice of defensive medicine, both "assurance-type" measures, such as performing additional tests to assure patients they have received all possible care, and "avoidance-type" measures, such as avoiding the treatment of patients who may be at a higher risk for adverse outcomes and therefore at higher risk for filing lawsuits. However, the results of the survey reveal that many medical practitioners in New South Wales remain unaware of the legal reforms and the consequent reduction in their legal liability and continue to practise defensive medicine. This article argues therefore that while the ultimate aim of reducing litigation has been achieved in New South Wales through the introduction of the Civil Liability Act, the underlying and arguably more important aim of providing medical practitioners with a more secure environment in which to practise their profession effectively has not been achieved. The apparent failure to disseminate the legal changes to the medical profession illustrates the limitations of law reform to effectively engender social change without the active use of educative and other implementation initiatives.
Salem
Omar
O
School of Medicine, University of New South Wales.
Forster
Christine
C
D001315:Australia; D003675:Defensive Medicine / Q000331:legislation & jurisprudence*; D005194:Family Practice / Q000331:legislation & jurisprudence*; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence / Q000639:trends