Camden and Campbelltown Hospitals Clinical Malpractie Allegations
I am sure you have heard in the media or in the reports from Parliament, serious allegations about malpractise at the Camden and Campbelltown Hospitals, alleging that up to seventeen people have died in circumstances of deep concern. A significant number of nurses and a doctor have given sworn evidence on these matters.
I chair an important committee called, The General Purposes Standing Committee, and we recently spend three days examining the allegations by a group of whistle blower nurses, and the area health department officials and the Director General of NSW Health and other senior public servants on what happened and what has happened since.
Tomorrow, Monday 15th, I will again chair that committee as we examine the report of the Health Care Complaints Commission report into over one hundred reports of mal-practise at those two hospitals. I will not pre-empt any decision that committee may make concerning holding a full Parliamentary public inquiry into the matters alleged. It is anticipated that if held, I would chair such an inquiry.
However, in the Parliament last week some members wanted the Parliament to call before it all the medical records used by the coroner and the Department, to allow for a fuller assessment.
The Parliament called for there to be laid on the table of the House by 5.00 p.m. Friday 5 December 2003 all documents relating to the preliminary investigation by the Audit Branch of the NSW Health Department into allegations made in relation to Camden and Campbelltown hospitals.
This would give the Parliament and the people of New South Wales unfettered access to information about NSW Health’s preliminary investigations into Camden and Campbelltown hospitals. This call for papers demonstrates the need for public accountability and transparency in New South Wales, particularly with regard to health issues.
Given the allegations of the whistleblower nurses from Camden and Campbelltown hospitals, it is imperative that all members of the Parliament be given the opportunity to review all the material presented to the Government and to the NSW Health Department. The Opposition has been unable to obtain clear answers to fairly straightforward questions on this issue addressed to the former Minister for Health, Mr Craig Knowles, the current Minister for Health, Mr Morris Iemma, and the Government.
Clearly, NSW Health has failed to support whistleblower nurses. We all witnessed the look of frustration and fear on the faces of the nurses who had the courage to step forward, only a few weeks ago to make their concerns known in the public arena.
It is extremely important that the Parliament shows all nurses and public servants that they have the complete support of the Legislative Council, and that if they come forward they will be protected and their stories will be given a good airing-they will not be simply washed under the carpet. It is imperative that we have the opportunity to review the documents, and that the people of New South Wales learn all the facts surrounding deaths, and allegations of malpractice and corruption at Camden and Campbelltown hospitals.
Tomorrow I will lead the examination of the Health Care Complaints Commission report. Many believe the lives of people in the health system have been placed at risk. It is important that we learn what involvement the former Minister for Health, Mr Knowles, and his ministerial colleagues may have had in any alleged covering up of malpractice and corruption. The General Purpose Standing Committee No. 2 will examine it and if it is not sufficiently comprehensive in scope or if it is in any other way unsatisfactory an inquiry will be conducted.
One of my colleagues said; “Within the adversarial framework in which we work at present, both politically and legally, we must be careful that individuals are not simply destroyed for the sake of it and that at the end of the day people involved who have perhaps under the circumstances not done so well are re-educated in a systematic and humane way because they have lives to lead and contributions still to make.”
I immediately saw a problem with the Parliament ordering the medical records be produced, and therefore I said:
“General Purpose Standing Committee No. 2 has been looking into this matter at some length, and has resolved certain issues. We support the call for the extra documents but, there is a conflict of some privilege matters concerning medical confidentiality and medical records. The standing orders of this House enable such a conflict of privilege to be worked through. I propose to move an amendment to resolve the conflict of privilege between the rights of this House to have documents and the rights of medical doctors and patients to hold confidential their medical records.Because of the conflict of privilege, it is important that we have this amendment. It will not prevent us from getting the other documents requested by the Opposition so that we might fully understand the problems concerning Camden and Campbelltown hospitals and the local area health service. It is important for us to support the whistleblowers. The committee and I want to ensure that those who have legitimate complaints are properly heard. At the same time we are concerned, that there is a clash of privilege and we need to safeguard matters of patient confidentiality. Therefore, I move:
That the question be amended by the addition of the following paragraph at the end:
2. That any documents that contain matters of medical confidentiality be treated as privileged under Standing Order 52 (5).”
The House voted unanimously for my amendment and the way is now clear for the important examination of the evidence to take place tomorrow. I will report on this matter in subsequent weeks.