A unanimous vote Friday (29 April) in the Legislative Assembly means a legal loophole is nearly closed that provided blanket immunity to medical staff of the Health Services Authority (HSA) from lawsuits including malpractice claims.
In February, a judge ruled that 2004 language added to HSA law granted the immunity, whether or not that was the intent of lawmakers at the time.
Intent was debated in the LA on Friday, but the issue ultimately was about acting on a current consensus to close the loophole.
“We believe that it is fundamentally wrong that someone who suffers loss or damage or injury as a result of the negligence of another should be barred from being able to have their claim properly adjudicated,” said Premier (Hon.) Alden McLaughlin.
MLA Ezzard Miller added that while he supports the measure, he believes further changes are necessary because some physicians may act beyond the scope of their licenced specialty and expose the HSA to future legal claims.