India reports over 5.2 million medical malpractice cases annually across different healthcare verticals, marking an alarming increase of 110% from previous years.
This surge is partly due to heightened patient awareness and a greater willingness to pursue legal action against healthcare professionals.
Consequently, doctors face increased scrutiny and potential litigation, making Doctors Indemnity Insurance more crucial than ever.
Understanding Medical Negligence
Medical negligence is the inability of the medical professional to act according to the highest or expected standards, which causes direct harm to the patient or leads to the worsening of a medical condition or even death.
Key elements of medical negligence
The key elements of medical negligence are as follows:
1. Doctors or medical professionals have a duty towards their patients, also called the duty of care.
2. A breach occurs when the doctor is unable to provide the right care due to omission or deficiency in their duty.
3. Due to this negligence by the doctor, the patient or their relatives can suffer either physical, mental, or financial losses.
Common causes of medical negligence
Here are some of the most common causes of medical negligence:
1. Misdiagnosis or delayed diagnosis
It is the failure on the part of the doctor to provide an accurate and on-time explanation for the health issues suffered by the patient. As per the Joint Commission, misdiagnosis or delayed diagnosis leads to either injury or death of 40,000 to 80,000 patients every year.
2. Surgical errors
Surgical errors come with the highest risk of injury to patients, sometimes even resulting in death. In approximately 75% of malpractice cases involving surgeons, intraoperative errors are identified as the main concern.
3. Medication and prescription mistakes
Medication involves multiple components like prescription, dispensing, dosing, and administering, and errors can occur in any of these steps. However, these errors can be prevented by ensuring that the right safeguards are used.
4. Lack of informed consent
Suppose a patient is not given sufficient information about a treatment or procedure before giving consent. In that case, they may have grounds for a medical malpractice claim and can seek damages from the healthcare provider.
5. Hospital-acquired infections
Hospital-acquired infections reflect a failure of the healthcare system. These can occur due to poor hygiene practices like improper hand hygiene and improper catheter insertion techniques.
The Cost of Medical Negligence Cases
Financial burden: Compensation claims, legal fees, and settlements
When a doctor is accused of medical negligence or malpractice, it leads to significant legal expenses even though the doctor is not guilty and may even end up paying high settlement costs as per the judgment. They even have to pay an increased insurance premium following their litigation.
Professional impact: Reputation damage and loss of practice license
Doctors who have to deal with medical negligence litigation lose their professional reputation in the medical fraternity and amongst patients. It severely affects patient trust and leads to social rejection, hostile confrontation, and even loss of license in extreme cases.
Emotional toll on doctors and healthcare workers
A litigation claim against a healthcare professional can lead to serious mental stress, burnout, and increased feelings of anxiety for the doctor. This, in turn, impacts the medical practice and overall mental health of the professional.
Is Your Indemnity Insurance Enough?
Most doctors opt for indemnity insurance, assuming it will protect them from any legal claims. But is it enough?
Coverage of the Policy
Doctors should carefully review their insurance policy documents to understand what is covered. Coverage is the key reason professionals invest in indemnity insurance-it protects them from legal and financial risks.
Doctors Indemnity Insurance typically covers unintentional errors or omissions made in the course of medical practice. It also provides legal support by appointing an attorney to defend the policyholder in court.
Exclusions
It's equally important to understand what the policy does not cover. Indemnity insurance does not apply in cases involving criminal acts or fraudulent activities.
Additionally, if a doctor performs surgery or provides treatment while under the influence of drugs or alcohol, the policy will not cover any resulting claims. To avoid surprises, policyholders should carefully read the exclusions section of their insurance documents.
Adequate Coverage for Today's Risks
Rising litigation and regulatory changes make it essential to reassess coverage. Ensure your policy matches potential legal costs and compensation claims.
Customizing for Specialty and Practice Size
Risk levels vary by profession and practice size. Surgeons need higher coverage than general practitioners, and large clinics require different policies than solo practices. Tailoring coverage ensures better protection.
Best Practices for Risk Mitigation
While insurance protects against financial loss, risk mitigation is also necessary for reducing liability. Doctors can adopt various best practices for protection:
- Maintaining Accurate and Detailed Patient RecordsProper documentation of the patient's medical record, diagnosis, and treatment plan serves as critical proof in court cases.
- Taking Informed ConsentNotifying patients about the risks and benefits involved with a process prevents conflicts.
- Regular Legal and Ethical TrainingDoctors must stay updated with legal requirements, medical ethics, and patients' rights to minimize the risk of malpractice lawsuits.
- Following Safety Procedures in Clinics and HospitalsAdherence to strict hygiene, infection control, and procedural guidelines reduces the risk of hospital-acquired diseases and surgical errors.
Conclusion
Medical negligence cases in India are increasing, and no doctor is immune. The financial, professional, and emotional toll of a single claim can be devastating. While medical indemnity insurance is a must, not all policies offer the level of protection required in today's legal climate.
Doctors need to review their coverage regularly, ensure policy limits match potential risks, and take preventive steps to avoid legal trouble. In medicine, prevention is better than cure-and that applies to legal risks just as much as it does to patient care.
If you're unsure whether your indemnity insurance is enough, now is the time to re-evaluate before it's too late.
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