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The need for a regulatory response to diagnosis fraud in mesothelioma cases

journal contribution
posted on 2023-05-17, 08:53 authored by Price, R
Australian courts and tribunals allow claimants with pleural plaques to "piggy back" compensation claims for mental health problems. This article contends that Australia is open to an era of diagnosis fraud by psychologists similar to that which has been experienced in the United States with radiologists. The courts will continue to reflect Australia's "compensation culture" unless legislation squarely addresses the compensability of pleural plaques and clarifies when, if at all, the courts should allow mental health claims for asymptomatic "marker" conditions such as pleural plaques.

History

Publication title

Journal of Law and Medicine

Volume

19

Pagination

196-200

ISSN

1320-159X

Department/School

Faculty of Law

Publisher

Thomson Reuters

Place of publication

Australia

Rights statement

Copyright 2011 Thomson Reuters (Professional) Australia Limited

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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