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Patients sexually assaulted by health practitioners urged to get legal advice about potential compensation entitlements
Posted on 07 Feb 2023
Patients who have been sexually assaulted by doctors, nurses or other health practitioners are being urged to seek legal advice as they may be able to pursue compensation from national and state regulators.
Tom McKinnon, from Slater and Gordon Lawyers, said in circumstances where previous complaints had been made about the same perpetrator, victims could argue that the Australian Health Practitioners Regulation Agency (AHPRA) owes that patient a duty of care and has failed to adequately warn or protect them from the alleged abuser.
AHPRA is responsible for accrediting all health practitioners across the country. Patient safety and protection of the public is its primary focus by ensuring that those working in the industry are suitably trained and qualified to practise, and that they do so in a competent and ethical manner.
Practitioners deemed to pose a potential risk to public safety can be removed from AHPRA’s register and be disqualified from applying to return for a set time. But any decisions about their reinstatement should they reapply, allowing them to treat patients again, are not made public.
A recent ABC Four Corners investigation found that almost 500 health practitioners have been sanctioned for sexual misconduct involving patients since 2010. Of those, more than 160 are reportedly allowed to treat patients today.
Mr McKinnon said he had previously pursued AHPRA on behalf of a client for pain and suffering damages and economic loss compensation after the sexual misconduct resulted in psychiatric injury.
“I would encourage anyone who has been sexually assaulted by an Australian health practitioner to seek legal advice about their rights and entitlements because they may be eligible for compensation,” he said.
“Although major medical insurers exclude cover in relation to intentional or criminal acts, it is apparent that AHPRA may have failed to protect patients from sexual or physical abuse in circumstances where it was aware of historic abuse or allegations and failed to take reasonable steps to ensure the abuse did not occur any further.”
He said information about the regulator’s awareness of similar complaints could be obtained through the legal process, which would help determine each claimants’ prospects.