Queensland's unfair medical negligence laws

This is simply to get to first base. The effect of this is that many people who have legitimate claims can't even consider them because it costs too much to get them started.

These rules apply to the medical profession and to no other professional who may be sued - the legislation effectively puts the medical profession in a privileged class.

This, combined with the legislation providing that you cannot recover legal fees of any significance to pursue your rights unless your damages are greater than about $73,000 means that many people with legitimate claims are effectively shut out of any means of getting compensation.

A further effect of this is that because medical practitioners are often not pursued for compensation for the results of their negligence, because it is not cost-effective or too expensive to do so, it means that there is no disincentive for them to change the way they practice so that their poor medical practice is perpetuated, and patients continue to suffer.

These special rules, brought in by Queensland's Beattie government in response to a fierce campaign the AMA, need to be revisited. The health and safety of the public needs to be put before the protection of the profits of the medical insurers.

The Grattan Institute's report carries some weight. The Institute was founded in 2008 with the policy plank to develop high quality public policy for Australia's future.

It was formed in response to a view in government and business that Australia needed a non-partisan think tank providing independent and practical solutions to some of the country's pressing problems such as health, energy and education.

The Institute's report recommends all states and territories establish goals for reducing the overall rate of complications in public and private hospitals and improve information sharing.

Interestingly author Stephen Duckett believes a veil of secrecy nowadays hangs over which hospitals and clinicians have higher rates.

Meanwhile the Consumers Health Forum believes it's time for a change in attitude about how hospital patient data is used.

"If hospitals have something to hide, the public should know about it. If hospitals are doing well then they have nothing to hide," chief executive Leanne Wells has said in a statement.

For Queensland medical negligence claimants, change to the claims process is long overdue and needs a complete overhaul to put the interests of the public before those of negligent doctors and hospitals.