Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 20

  (1)   This section applies if:

  (a)   an MDO or insurer makes, or is liable to make, a payment in relation to a claim against a person in relation to a series of related incidents; and

  (b)   some, but not all, of the incidents occurred in the course of the provision of treatment to a public patient in a public hospital.

  (2)   For the purposes of this Subdivision:

  (a)   the payment is to be disregarded to the extent to which it relates to, or is reasonably attributable to, the incident or incidents that occurred in the course of the provision of treatment to a public patient in a public hospital; and

  (b)   any amount that is paid or payable to the MDO or insurer in relation to the payment is to be disregarded to the extent to which it relates to, or is reasonably attributable to, the incident or incidents that occurred in the course of the provision of treatment to a public patient in a public hospital.

Note:   Paragraph   (b)--see subsection   21(2).