Home›Questions on Notice›QoN 699

❓ Hon Wilson Tucker questions the East Metropolitan Health Service's litigation against Dr Marian Sturm and its impact on stem cell therapy access. The Minister clarifies the health service's duties in litigation and patient care.

AnsweredQoN 699Legislative Council

Asked

7 April 2022

Member

Hon Wilson Tucker

Portfolio

Health

QuestionView source ↗

I refer to the media reports of the East Metropolitan Health Service's litigation against Dr Marian Sturm, and the impact this litigation has had on patients accessing some forms of stem cell therapy, and I ask: (a) are metropolitan health service providers subject to a model litigant policy; (b) if yes to (a), does this policy include consideration of the impact of litigation on individual patients and public health outcomes; and (c) do metropolitan health service providers have an overriding duty of care to patients and the public?

AnswerView source ↗

Answered

10 May 2022

Responded by

Leader of the House representing the Minister for Health

Response time

1 days

a)      No. However in common with Western Australia and its practitioners, health service providers have a duty to act fairly in the conduct of litigation.
b)      Not applicable.
c)       Health service providers owe a duty of care to their patients in relation to providing health care to their patients. They do not owe a duty of care to the public at large but do act in the public interest.

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