Petition Parliament to enact legislation in the Medical Indemnity Act 2002 to allow policy holders t

  • by: Michael Bar-mordecai
  • recipient: The Speaker of the Australian Parliament (Legislative Assembly) to enact an amendment to Medical Indemnity Act 2002
Avant Legal Pty Ltd [AL] refused to provide a former financial policy holder medical practitioner [Michael Bar-Mordecai (MBM)] his policy entitlements for legal assistance and advice which was a breach of contract, that caused MBM losses of professional income over the last 14 years and property losses.
The medical indemnity insurer Avant Legal Pty Ltd also known previously as NSW Medical Defence refused to honour its policy commitments to a fully paid policy holder, namely MBM when the events relied on occurred during the period of medical indemnity by the policy holder. Presently there is no legislation for retrospective accountability by a medical indemnity insurer and the losses it caused a policy holder through its refusal and negligence of failing to provide MBM with legal advice and representation for a medical matter in three different legal jurisdictions, namely, the Medical Tribunal of NSW (for affording protection to Dr MBM in 1998/2000 with regard to medical disciplinary proceedings), the Probate Division of the Supreme Court (in defence of an allegation of MBM as a doctor unlawfully killing of his wife/patient) and in the Equity Division of the Supreme Court (in defence of a presumption of undue influence where there was no undue influence exerted by the doctor (MBM) on his wife/patient because the allegation was rebutted by the evidence.
The Australian parliament should amend the relevant Act namely, Medical Indemnity Act 2002, to cater for the medical indemnity insurer to be held retrospectively accountable for breach of contract for failing to provide an insured medical practitioner his/her entitlements to legal advice and representation. It is in the public interest for enact such legislation and to provide for a penalty to be levied on and paid both by the Medical Indemnity Insurer to the Medical Indemnity Insurer’s registration body and compensation and damages to the victim Medical practitioner/former policy holder who was deprived of his/her rightful entitlements.
The petition is in the public interest, and the Australian Government should enact such legislation to protect Doctors because such breaches by a medical indemnity insurer affects the doctor’s livelihood should any doctor be disciplined for an ethical violation, and be refused legal advice and representation as occurred to Dr Michael Bar-Mordecai in 1998.
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 AL just did not do what it was paid to do, and thereby breached its contract medical indemnity insurance i.e. medical indemnity policy with Dr Michael Bar-Mordecai [MBM].

We the undersigned petition the Speaker of the Australian House of Representative to enact legislation in the Medical Indemnity Act 2002 to allow former policy holders to make a claim on the medical indemnity insurer retrospectively, such that it is held accountable for gross negligence in having failed to provide legal advice and legal representation to former medical practitioner policy holders in breach of its policy. Parliament should enact legislation to for the Medical Indemnity Insurer to pay damages and compensation to the former policy holders on account of the breach of contract by the medical indemnity insurer with the former policy holder medical practitioner.
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