Why we fear medicolegal litigations and how to overcome it?
In today’s era we fear medicolegal issues more than any other thing. Many doctors do not treat any complicated case. Collegues have even stop going to the other doctor’s places in case of emergency for the fear of the litigations.
Is it really true? Actually if we see the frequency of medicolegal litigations, It is very less though it is increasing day by day. But even if the frequency is low, the one who suffers through it, suffers almost 100%. The reasons for suffering are many:
* We fear media and defamation, * We also fear punishment in terms of jail, * We doctors usually don’t have time and if we have to attend court then it is difficult for us. * Unlike other professionals ( e.g. Engineers, Lawyers, Architects etc..) we always try to deliver the best of our knowledge and services so there is always a pressure of the next case on our heads. * We are expected to win every time in every case
All these things are difficult to handle. Moreover there is no support from the government; rather there are instances of harassment on the name of various certificates and laws. We have cordoned ourselves into various partitions like gynecologists, radiologists, physicians, super specialists, general practitioners etc.. As far as medical practice is concerned this is perfectly fine but as far as medicolegal issues are concerned we all are sailing in the same boat and we must support each other and that is lacking amongst us.
How to overcome this fear
General considerations
* Always remain updated with the knowledge and so you will be confident about the treatment you are offering. * In case of doubt take opinion of the colleague * Never think about defamation, there is nothing like that don’t we see Salmankhan & Sanjay Dutt’s movies? * Never fear litigations because during your entire practice you are going to get atleast one, since you are into a risky business and you are a public figure too. * Always have good indemnity insurance and Good relations with colleagues especially neighboring colleagues. * Always keep knowledge about the laws and its amendments because you must know the rules of the game you are playing.
Specific precautions
* Never lose your temper and keep patient informed about the condition. If you tell patient that something untoward has happened, is more easily acceptable to them than they learning the same through some other doctor * Always take consent after reasonably explaining them the nature and complications of the problem because once some complication occurs, patient is not going to accept that it was a likely complication. * Most problems starts with rough behavior of the doctor or staff * Many times the problem starts once you give the bill to the patient, so explain the charges in full before starting the treatment. Never increase the bill amount to double or more than what was quoted unless there is some serious unforeseen complication. * Always keep records in form of consents, case papers, operative notes etc. * In case of litigation take advice of the colleague, lawyer and a medicolegal consultant.
Role of the association
* All small association must come together when it is a case of harassment or victimization of any doctor. All lawyers have different practices but still they remain united when problem comes on to any of their members. * Most members say that we doctors cannot unite, this is what we have heard from our seniors, Instead of repeating the same old tape, we try to findout the ways of getting united. Nothing is impossible. First you must accept that it is possible and then think how to make it possible.
