No fault compensation for personal injury in New Zealand: some implications for anaesthetists

In recent years, there has been an increase in medico-legal and disciplinary actions against doctors, some involving anaesthetists. While this has occurred at a time of increasing questioning of doctors' decisions, in New Zealand there has been the added dimension of a major change in the law related to personal injury. Under the provisions of the Accident Compensation Act there are no grounds for a civil action against a doctor in respect of a medical misadventure. The only provision for recompense is through the Accident Compensation Corporation. With the removal of the punitive aspect of civil actions against doctors, there has been an increase in complaints through other channels. The anaesthetist is particularly vulnerable because of the immediacy with which an adverse event is likely to cause obvious harm to a patient. This can only be countered by high standards of practice, together with careful record keeping.