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ARTICLE · 03 JUNE 2021

GPs can be sued but what about lawyers?

It is not easy to discern any remaining unfairness for doctors, compared to lawyers, in respect of legal immunities.

AustraliaLitigation, Mediation & Arbitration

It is easy enough to misunderstand some parts of the law — even for lawyers.

For doctors, the misunderstandings sometimes appear to be tied in with a sense of legal vulnerability or even of unfairness.

Examples of vulnerability might include concerns about the legal implications of apologies, or the sense of exposure when providing 'good Samaritan' emergency care.

In both examples, civil liability law reforms have sought to reassure doctors.

As for unfairness, still mentioned on occasion is the perception that lawyers have various immunities: in other words, special legal protections from negligence claims and the compensation process that are not equally available to doctors and the rest of society.

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