Demand an end to Medical indemnity insurers not honouring their policy commitments

Avant Legal Pty Ltd (AL) breached its contract with a doctor for provision of legal representation causing him property losses and losses of professional income over 14 years of unlawful medical deregistration. Put simply, the Medical Indemnity Insurer [MII] AL just did not do what it was paid to do, and thereby breached its contract/insurance indemnity policy with Dr Michael Bar-Mordecai [MBM].
In 1983, MBM ethically crossed a doctor/patient boundary by having a sexual relationship with his patient, EH.

In 1995 two persons lodged complaints with the Health Care Complaints Commission [HCCC] against MBM while he was medically indemnified with AL.

AL was the MII who should have protected MBM with legal representation. Dr Megan Kearney of AL negligently considered a financial member’s [MBM’s] written request for legal assistance in the Tribunal litigation in October 1998, as a “family matter”, instead of a commonly occurring doctor/patient boundary violation. She failed to obtain medical advice on the nature of the HCCC complaints, and legal advice on the issue of the claim being lodged out of time, to assess its validity in law.

In 1.9.1998, the HCCC filed its complaint with the Medical Tribunal [MT] to institute disciplinary proceedings against MBM. The HCCC lodged its complaint against MBM unlawfully, two years out of time, in breach of s 48 of the Medical Practice Act 1992 [MPA].

On 2.9.1998, Blanch CJ unlawfully authorised the HCCC’s prosecution of Dr MBM in breach of s 48 of the MPA. AL was negligent and made no attempt to identify the breach by the HCCC or Blanch CJ on 28 October 1998 or soon thereafter, when the request for legal representation was lodged by MBM.

AL failed to advise MBM that the whole HCCC complaint against him could have been withdrawn, on notification to the Tribunal of the multiple judicial breaches.

AL refused to legally represent MBM at the 35 day Tribunal hearings. On 6.9.2000, Cooper DCJ (HC) published his judgment in Re: Michael Bar-Mordecai and the Medical Practice Act 1992, in breach of s 48 and s 154(2) of the MPA, such that his deregistration judgment was unlawful. He ordered MBM unlawfully to be deregistered for 7 years. AL, with legal representation could have had the unlawful judgment set aside on appeal because of HC breaching the MPA. AL negligently did not obtain legal advice on the matter.

On 18.3.2009, Murrell DCJ contrived her findings to wrongly determine that MBM was not a fit and proper person to be registered as a medical practitioner. Her Honour breached s 154(2) of the MPA and dismissed MBM’s application and deregistered MBM unlawfully for another three years.

On MBM’s reapplication to the Tribunal on 21.2.2013, Elkaim DCJ ordered that the judicial conspirators, namely: Blanch CJ, Cooper DCJ, Murrell DCJ as well as himself not adjudicate MBM litigations, thus confirming the existence of the judicial conspiracy against MBM that could have been stopped by AL, by having provided MBM with the mandatory legal representation per his medical indemnity insurance policy.

We the undersigned petition the Chief Executive Officer of AVANT LEGAL PTY LTD (AL) previously known as United Medical Protection, aka New South Wales Medical Defence to:

Appoint a medical panel of three medical practitioners to investigate Dr Kearney’s decision in 1998 and the State Board of AL in 1998 and 2001 in having refused to authorise AL to provide MBM with legal advice and representation for his Medical Tribunal and Supreme Court litigations relevant to medical matters, in breach of his medical indemnity (insurance) contract. The panel shall have one month to complete its investigations and publish its findings.

 Determine if Dr Kearney the AL Medical Claims Director was negligent in failing to:

a.   Authorise AL to provide legal representation for MBM for a commonly recurring ethical violations;

b.   Refer the matter to a legal representative of AL to advise on the Application.

Fund MBM’s further legal representation in:

1. The Supreme Court for undue influence and the de facto/revocation litigations;
2. The ongoing Tribunal litigation in commencing September 2014 for MBM’s medical reregistration

Empower the AL panel to make orders to pay MBM:

1. General deterrence payment for breaching its medical indemnity contract that was in force from 16.5.1994 to 31.12.1998;

 

1. A personal deterrence payment for each administrative and solicitor member’s negligence;

 

1. Damages and compensation commensurate with MBM’s consequential losses of professional income over 14 years of unlawful medical deregistration.

 

1. Reputational losses.