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Malpractice loophole nearly closed

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.

About the author

Patrick Kreitlow

Patrick Kreitlow

Pat Kreitlow joined the Cayman 27 staff in October 2015. For nearly a decade, Pat was a familiar presence in living rooms across western Wisconsin where he was a reporter and nightly news anchor at WEAU-TV. He later served his neighbors as a state senator. When he and his wife Sharry became “empty nesters,” they moved to Grand Cayman in early 2014. They have two daughters and two grandsons.

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