Medical Negligence Law in Papua New Guinea

Ao, Ian Freckelton

doi:10.1007/978-981-16-4855-7_12

Cited by 1 publication

(1 citation statement)

References 10 publications

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“…(i.e., if a doctor is found in breach of the duty of care, but the patient would have had the same outcome either way, the causal link does not subsist). The State may be liable if the negligence was committed by an employee of the State (i.e., hospital worker) during the course of their employment; however, Papua New Guinea courts are reticent to grant exemplary damages if the State could be held liable [54]. Vaccination against COVID-19 is not mandatory in Papua New Guinea, although the Prime Minister declared that, as far as workplaces are concerned, employers can establish internal policies regarding vaccination to protect their employees if they see fit [55].…”

Section: Papua New Guineamentioning

confidence: 99%

COVID-19 Vaccination and Medical Liability: An International Perspective in 18 Countries

et al. 2022

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The COVID-19 vaccination has proven to be the most effective prevention measure, reducing deaths and hospitalizations and allowing, in combination with non-pharmacological interventions, the pandemic to be tackled. Although most of the adverse reactions to vaccination present mild symptoms and serious effects are very rare, they can be the cause of legal action against the healthcare workers (HCWs) who administered it. To highlight differences in the medical liability systems, we performed a search for the three most populous countries in each continent on vaccine injury compensation programs, new laws or policies to protect HCWs administering vaccinations introduced during the COVID-19 pandemic, and policies on mandatory vaccinations, on literature databases and institutional sites. We found that in seven countries the medical liability system is based on Common Law, while in eleven it is mainly based on Civil Law. Considering the application of specific laws to protect HCWs who vaccinate during the pandemic, only the USA and Canada provided immunity from liability. Among the countries we analyzed, fourteen have adopted compensation funds. From an international perspective, our results highlight that in eleven (61.1%) countries medical liability is mainly based on Civil Law, whilst in seven (38.9%) it is based on Common Law.

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Section: Papua New Guineamentioning

confidence: 99%