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Parliamentary Questions


Question On Notice No. 699 asked in the Legislative Council on 7 April 2022 by Hon Wilson Tucker

Question Directed to the: Leader of the House representing the Minister for Health
Parliament: 41 Session: 1


Question

I refer to the media reports of the East Metropolitan Health Service's litigation against Dr Marian Sturm, and the impact this litigation has had on patients accessing some forms of stem cell therapy, and I ask:
(a) are metropolitan health service providers subject to a model litigant policy;
(b) if yes to (a), does this policy include consideration of the impact of litigation on individual patients and public health outcomes; and
(c) do metropolitan health service providers have an overriding duty of care to patients and the public?

Answered on 10 May 2022

a)      No. However in common with Western Australia and its practitioners, health service providers have a duty to act fairly in the conduct of litigation.

 

b)      Not applicable.

 

c)       Health service providers owe a duty of care to their patients in relation to providing health care to their patients. They do not owe a duty of care to the public at large but do act in the public interest.