MEDICO-LEGAL PERIL
The New Zealand Medical Association is of the view that the medico-legal environment in New Zealand is a hostile one and constitutes a deterrent to good medical practice. The 'blame shame' culture acts as a disincentive to quality initiatives, early detection and reporting of medical error.
The NZMA is committed to supporting transparent and fair investigation, disciplinary and judicial processes and to averting political interference in the accountability of medical practitioners to either their peers or to their patients. The NZMA believes a politically neutral environment is optimal in order for natural justice to run its full and proper course.
An environment focused more on discipline and complaints than on patient care and quality improvement, may result in an unhealthy relationship between clinician and patient, where defensive medical practice takes precedence.
The New Zealand Medical Association believes a stronger emphasis on delivering a supportive environment focused on the promotion of good communication between medical colleagues and between doctor (or medical student) and patient; and the early detection of error within a safe and dependable reporting environment, would do much to improve the medico-legal environment doctors are currently required to work under, and the overall quality of medical care. The NZMA considers the media has a vital role to play in delivering reliable and objective coverage of incidents that involve a high level of public interest. The NZMA supports initiatives by the media that result in fair, balanced and reasoned accounts or portrayals of patient cases or claims.
The NZMA does not condone in any way irresponsible, abusive, or unprofessional activities by medical practitioners. The NZMA supports a robust, fair and transparent complaints and discipline system that reflects the need for practitioners to practise medicine in accordance with the NZMA Code of Ethics and policies on related issues such as Informed Consent.
Adopted by NZMA Board, 8 February 2002
(A full policy paper with background information is available to NZMA members from the NZMA National Office).