Patient injury claims may top $90m

BY KATE NEWTON AND RUTH HILL

Payments to victims of botched surgery, missed diagnosis and other "treatment injuries" are set to top $90 million in 2009 – the highest total so far.

Figures obtained by The Dominion Post under the Official Information Act show the biggest individual ACC payout – more than $233,000 – went to a patient who suffered a haemorrhage during treatment.

Between January and September, ACC paid more than $70 million in new and continuing treatment injury and medical misadventure claims.

At that rate, the 2009 total is likely to hit $90 million.

A Health Ministry report released in November implicated hospital errors in the deaths or injury of more than 300 people in the year to June.

However, the ACC figures show many treatment injuries happen in the community. Patients were more likely to be injured at their local doctor's clinic than anywhere else except for orthopaedic treatment, with GPs and practice nurses involved in 518 successful claims.

Many in the health sector are pushing for family doctors to be included in future reports on medical mishaps.

The Health Ministry is talking with the College of GPs and private hospitals about sharing their error data and Health Minister Tony Ryall said in November that he hoped to see all health professionals included over time.

Medical Association president Peter Foley said a steep rise in claims since 2005 was due to greater openness from doctors and an easier claims process, "rather than anything more untoward".

In July 2005, ACC replaced "medical misadventure" with the treatment injury category, meaning claimants no longer had to prove an error had been made.

This dramatically cut the time taken to settle cases.

Previously, when doctors disputed they were at fault, court cases could last years.

"The changes are much better for the patient," Dr Foley said. "Often it was hard to prove that the doctor or system was at fault."

He warned that the number of approved claims was likely to drop next year, as ACC tightened its belt.

Last month the family of a boy who lost a foot and most of his right hand after a doctor failed to diagnose meningococcal disease won a five-year legal battle for compensation.

Phoenix Hunt was 2 1/2 when he contracted the potentially deadly disease in 2003, which was misdiagnosed as a tummy bug.

His parents' claim for compensation was challenged by the doctor and quashed by the reviewer. However, a district court appeal found in the family's favour.

Association of Salaried Medical Specialists president Jeff Brown, a Palmerston North paediatrician, said doctors were "increasingly comfortable" with reporting of sentinel events and treatment injuries.

"Often there is a certain amount of anxiety because clinicians, patients and families have often already been through an investigation ... but doctors are becoming increasingly comfortable with this process."

BILL FOR TREATMENT

Of about 6400 treatment injury claims, 3153 were accepted, 1607 declined and 1650 are to be decided. These were the biggest individual payouts in 2009 (Jan-Sep):

*Haemorrhage $233,844

* Leaky surgical join, e.g after rectal, bowel or throat surgery $103,469

* Wound infection $83,867 Disease progression $66,078 Internal bleed that got infected $49,817

* Damage to sciatic nerve, running from lower back through buttock $45,548

* Burst artery $42,906 Wound infection $41,171

* Wound infection $40,028

- © Fairfax NZ News