New Victorian laws to expose dangerous doctors and secret payments

DANGEROUS doctors will no longer be able to hide behind secret payments to cover up their errors under a series of new laws to better protect patients.

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DANGEROUS doctors will no longer be able to hide behind secret payments to cover up their errors under a series of new laws to better protect patients.

Concerned that problem doctors are frequently paying out of court settlements to prevent authorities learning of serious mistakes, the Victorian Government and national health watchdog are planning to lift the secrecy view from negligent practitioners.

The action has been ordered following the Bacchus Marsh baby deaths scandal — where a long history of confidential settlements by Dr Surinder Parhar and other practitioners was only discovered after an investigation uncovers at least seven avoidable infant deaths.

Currently health authorities are not alerted to any issues when a matter is settled out of court.

Dr Surinder Parhar has reached confidential settlements in the past. Picture Yuri Kouzmin

But under planned legislation the Australian Health Practitioner Regulation Authority will require practitioners to inform them of any writs they face for negligence so the watchdog can investigate any wider problems before they impact other patients.

Health Minister Jill Hennessy will present the measure among a series of proposed reforms at the upcoming COAG meeting in a bid to win national support.

“I am significantly concerned that what we have currently is a situation where practitioners who have received numerous writs are allowed to continue to practice undetected within our system, potentially putting patients at risk,” Ms Hennessy said.

“People should not be able to use back doors to avoid their safety obligations to their patients.”

The Andrews Government is also in discussions with AHPRA over plans to include past disciplinary action against a practitioner on their registration where it can be seen by the public.

Melinda Buchanan was awarded $5000 for the death of her baby who died under the care of Dr Parhar.

Currently only “active” sanctions or restrictions faced by a doctors are revealed to the public, meaning that even if they have previously been suspended for serious safety issues the information is suppressed as soon as the action is completed.

While AHPRA is beefing up measures it hopes will see practitioners immediately reporting safety issues, chief executive Martin Fletcher said knowing of confidential settlements could identify a practitioner with a risk to the wider public.

“We are less interested in the terms of the settlement than the question about what the risk was is that led to the settlement. It is about having as complete a picture as possible,” Mr Fletcher said.

“One of the problems about Bacchus Marsh was that nobody had all of the information.

“We think it is an important are for the Minister to consider in terms of greater transparency around our work.”

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