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  • Title: The Australian National Disability Insurance Scheme for cerebral palsy: an end to the "forensic lottery"?
    Author: O'Connor M.
    Journal: J Law Med; 2014 Mar; 21(3):516-27. PubMed ID: 24804524.
    Abstract:
    The new Australian National Disability Insurance Scheme is set to revolutionise disability support for an estimated 440,000 disabled persons and in particular for over 35,000 victims of cerebral palsy. The current support for sufferers of cerebral palsy is fragmented and their families and carers expend great time and effort accessing a range of different support agencies. The present "forensic lottery" means that only a small percentage of cerebral palsy victims whose injuries have been caused by medical negligence can secure large settlements under civil tort litigation. The NDIS promises a much more equitable scheme where severely disabled children can receive the necessary early intervention, which is so important to their long-term outcome. Such support will be provided irrespective of "fault", although recouping the costs of lifelong care through civil litigation in medical negligence remains an option. Debate continues about the affordability of such an ambitious Scheme. This is no doubt fuelled by the perceived New Zealand experience of its no-fault Accident Compensation Scheme. The NDIS advantage over almost all "no fault" schemes internationally is that it provides unified comprehensive care and support to cerebral palsy sufferers irrespective of a "treatment injury". Determinations for eligibility will no doubt involve extensive medical documentation. Uncertainty remains about the preparedness of the Chief Executive Officer of the NDIS to pursue health providers in civil negligence where treatment injuries may have been causative.
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