My healthcare service is refusing to cover the cost of a pacemaker for my stomach yet 20 years ago they allowed it to be implanted and 10 years ago they agreed it was necessary for a battery change but now they are saying they won’t cover the cost. I am a Type1 diabetic dx1966 who now suffers from Gastroparesis due to nerve damage and rely on the Enterra Therapy (nerve stimulation device) which without I will die and Medibank Clinical Team have decided not to cover the cost. How can they approve the device then 20 years later refuse it?

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    This is a board where people discuss the principles of law and compare it over many different jurisdictions. For both legal and practical reasons, it cannot give legal advice on specific cases. Also, you failed to specify where you live.
    – o.m.
    Jan 31 at 5:42

1 Answer 1


Not manslaughter

First, the exact circumstances would not occur in Australia because we have a functional health system that treats everyone irrespective of their ability to pay.

However, taking this as a hypothetical, assuming that the refusal to pay was following the terms of the insurance contract, this would not be manslaughter. s18(2)(a) of the Crimes Act 1900 says "No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section."

  • I have spoken to the ‘clinical Team’ and outlined the problems I have now and how much worse it will be if operation not done but they still said it wasn’t necessary and yet it will lead to my demise so knowing that and refusing treatment is attempted manslaughter because they are refusing a life saving treatment. Feb 1 at 6:54

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