Can you clarify what is item 721 in the MBS please
Item 721: the preparation of a GP Management Plan (GPMP) http://www.health.gov.au/internet/main/publishing.nsf/content/mbsprimarycare-chronicdiseasemanagement
In a rural and remote setting are complaints judged differently compared with metropolitan settings? For instance, does AHPRA judge practice with a panel of peers?
When assessing the level of healthcare provided, either in a civil claim or by the regulator, it is judged according to the expertise and competence expected of that craft group. The level of resources available is also a factor. For example, a GP in a rural setting would not be expected to be able to provide a level of healthcare commensurate with a major metropolitan hospital Emergency Department.
A negligent case requiring a practitioner to attend court, does it have a bad implication to defending the doctor?
Potentially in the sense that any civil case can be reported in the media. The media tends to report the more interesting opening of the case and generally not the outcome particularly where the practitioner has not been found to be negligent. The case also has to be reported to AHPRA in your renewal declarations.
You mentioned a good record is where another colleague can just pick up and continue care. For a long term patient over years where records span over tens/hundreds of pages, how likely is it that one is able to pick up from the "last few pages" of records, to take over care?
That scenario is more problematic and may take more time but the point is they are able to continue care in an appropriate manner knowing the full history. Without that, there might implement inappropriate care, for example, contraindicated prescribing and harm the patient.
How many years can a negligence case take to settle?
There are no hard and fast rules about this. But in general terms, anywhere between 2 and 4 years would be common. Exceptions are the dying patient, where the courts are asked to expedite matters. Some jurisdictions mange medical negligence cases better than others. For example, in Victoria the County Court has a well-managed medical negligence division which ensure cases proceed in a timely manner. There are Statute of Limitations defences available in Australia for limiting any cases initiated 3 years after a cause of action first became known
What are the legislative requirements that you check when assessing the claim? Does this mean checking that medical indemnity payments are up to date, that one's AHPRA registration is up to date, that one's CPD is up to date? Are there other legislative requirements that you assess?
MIPS would ensure you are a current financially paid up member before providing assistance. There is an exclusion in the MIPS Medical Indemnity Insurance Policy if you are not registered with AHPRA: 12.2 We will not insure you: 12.2.1 if you are not registered to practice; or 12.2.2 for any healthcare provided by you when: (a) you do not have appropriate registration for the provision of that healthcare There are also a number of exclusions (eg you have been accused of dishonesty or fraud) that you need to be considered before we are satisfied the matter is a qualifying notification. Out of over 4,000 notifications in 2015/2016 however, only 5 were declined on the basis of an exclusion.