“The High Court stunned doctors yesterday with a landmark finding that a surgeon who bungled a woman’s sterilization is liable for the cost of bringing up her child to the age of 18.” Kerry Melchior’s son Jordan is perfectly healthy, but she sued Queensland ob/gyn Dr. Stephen Cattanach and the state health department because the tubal ligation he had performed had not prevented pregnancy as intended. (Cynthia Banham, Sydney Morning Herald, Jul. 17). Dr. Andrew Pesce, who chairs the Australian Medical Association’s professional indemnity task force, said “the decision was a part of a pattern where doctors’ liability was gradually increased over time, so that ‘nobody actually knows what their obligations are'”. For similar American cases, see Apr. 26-28, 2002.
Escalating liability had already provoked an insurance crisis for ob/gyns Down Under, as in the States; especially hard hit are women practitioners who often maintain less than a full-time practice but must pay hefty flat-rate premiums anyway (Wendy Tuohy, “A labour of love becomes labour too hard, and too risky”, Melbourne Age, Jul. 5). Among those quitting is Dr. Denise Koong, though some of her patients have “begged her to reconsider, saying things like: ‘Give me the paper and I’ll sign it, I will promise not to sue you!'” Trouble is, the courts (certainly in the U.S., and we presume in Australia these days as well) toss out such written promises as unenforceable.
