Dr. Emily Mackrill, who is spearheading a class action lawsuit against the Tasmanian government. As such, she is representing the junior doctors working at Launceston General Hospital (LGH) and Royal Hobart Hospital (RHH). The case is currently before Tasmania’s Supreme Court. It aims to address the claims of thousands of junior doctors for unpaid overtime they’ve clocked up since May 2019.
The class action seeks to recover damages for approximately 1,500 junior doctors. All of the dedicated professionals who have worked nonstop at these hospitals over the last six years. Dr. Mackrill worked at LGH from 2019 to 2021. She alleges that she was routinely assigned unrostered overtime to other divisions with no pay. This lawsuit is intended to right these wrongs. It draws attention to the unsafe hours that many junior doctors are compelled to work.
Details of the Lawsuit
Attorney Hayden Stephens, who is leading the class action on behalf of the junior doctors, discussed the reach and impact of the class action. He noted that doctors individually could assert different amounts of damages. These sums vary widely from a few thousand dollars to tens of thousands, depending on their years of service and the number of unpaid overtime hours for which they were responsible.
Doctors care deeply about the idea of working too many hours. Their concern is that when workforce fatigue sets in, it raises the risk of clinical mistakes in patient care and treatment,” explained Stephens. The possible consequences on patient care make it all the more vital to begin tackling these USPS in our healthcare system.
The lawsuit comes on the heals of similar successful actions in other Australian jurisdictions. In New South Wales, junior doctors won a stunning settlement victory of $31.5 million. Over in the Australian Capital Territory, they notched a much bigger win — $230 million worth of it. Additionally, Victoria has settled on a principal sum of $175 million, still subject to court approval. These recent settlements reflect a new understanding of the burdens placed on junior medical staff at hospitals around the country.
A Call for Change
Dr. Mackrill’s experiences are not isolated. There is plenty of evidence from junior doctors about this, with most having stories of working long hours, often well over their normal contractual hours by huge amounts. Stephens explained that he is often told accounts of physicians working too many hours. Many are putting in as much as 15 percent—and some 25 percent—in additional time beyond their normal shifts.
He cautioned that the problem is more than just a fiscal crisis. It further erodes the wellbeing of the health workforce and endangers patient safety. “It’s probably the worst conduct I’ve seen in all my experience in acting for junior doctors throughout Australia,” he remarked, indicating the severity of the situation.
Dr Mackrill now practices as a general practitioner at The Bubble, a women’s health clinic in Launceston. She has had no trouble transitioning from a junior doctor to full-fledged GP. Her resolve to continue advocating for her fellow nurses and drive change from within the healthcare system is undiminished.
Implications for Junior Doctors
The class action has the potential to significantly improve conditions for junior doctors in Tasmania. The impacts of its success could even help shape policy all across the country! As so many in health care continue to experience underappreciation and burnout, there is critical need and urgency for the types of systemic changes we preach.
Hardpressed junior doctors are looking forward to hearing back from the responding court. They thank their union for helping them achieve additional compensation and reigning in the healthcare system’s toxic culture, so they will be treated fairly and have a work-life balance they deserve.
