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WA acts on obstetrics lawsuits

WA plans to cut the time limit in which doctors can be sued over problem births from 24 years to six. Attorney-General Jim McGinty says the changes will prevent a crisis in obstetrics brought on by “archaic” statute of limitations laws that allow people to sue obstetricians for negligence up to 24 years after a birth.

“That constant fear of a lawsuit has pushed up insurance premiums for obstetrics and led to a shortage of obstetricians in the private sector,” he said.

Australian Medical Association President Paul Skerritt says the new legislation brings WA into line with other states and is fairer for patients and doctors.

Obstetricians have blamed insurance costs for an increase in fees to patients.

At present, the statute of limitations is suspended for children until they turn 18, then provides six years for legal action to begin.