Better to stop practicing medicine than be exposed
to unlimited
liabilities'
"A Doctor who had 25 years standing, compelled by the current
situation of medical practice and following are his views.
It makes more sense for him to stop medical practice rather than
expose myself to being sued in crores and risk my lifetihim reputation
also"
Source: Article in The Indian Express
Increasing Litigations on Doctors shall be the biggest concern area
for the Indian Doctors, mainly due to:
No limit on the Maximum Liability amount that an Indian Doctor can be
sued for
Complex Laws -
Doctors can be sued for almost any reason being a soft target
For cases of Medical Negligence, Malpractice, TORT, Harassment,
Instrument/Machine Failure or Impact, Staff Negligence & many others
Aggressive increase in Patient Activism - Patients now show lesser
consideration towards doctors due to
Enhanced knowledge of his/her rights
Lack of a relationship with doctors, unlike the past
More information available on the internet, social groups
Activists Groups formed in recent past, to take on Doctors for any
negligence
Media Glare
Lack of Structured Documentation. Also various practices being
followed in breach of MCI codes
Lack of Medico Legal Expertise: Limited medico-legal & forensic
expertise in India, & in-adept lawyers fighting such technical cases
No information sharing amongst the community: 3 out of 10 doctors is
facing an issue every year & this will grow by more than 200% annually, but
Doctors do not share their concerns as it is considered taboo & may lead to
tarnishing of their reputation within the fraternity and patient base.
No support at Critical Stage: Lack of PR support, Inability in Police
& Mob Handling
Others:-
India has around 7,50,000 + Doctors and adds another 30,000 doctors,
18,000 specialists annually through its 400+ Medical Schools. Another 60+
Medical Schools have just been credited for Operations.
84% of the Hospitals in India are less than 30 Beds. They do not have
the basic infrastructure to handle a Medico-Legal issue. We at LegalMD, plan to
address this issue and thus fill the void
The period from 2008 to 2015 has seen an exponential increase in the
number of Medico-Legal cases against medical practitioners in India. Since
India has no agency to track Medico-Legal Cases a lot of cases are not reported
Recently a lot of cases are getting reported and prompt judgments
from the honorable courts have cohim as a warning to the medical community. One
of the recent hearings had an Hospital pay a 11Cr penalty, along with other
criminal proceedings
The maximum number of cases occurs against Gynecologists and Surgeons
followed by Orthopedics and Dermatologists. Cases range from negligence to
simple harassment and this trend is slowly moving into Tier 2 cities as well.
There is only one doctor per 1,700 citizens in India; the World
Health Organisation stipulates a minimum ratio of 1:1,000. This Ratio is very
high which results in doctors handling a lot more cases in India.
Currently the Medico-Legal Industry in India is unstructured and
handled by individuals and small firms that are fragmented, small scale mom and
pop establishments with no clear vision and professionalism
These small operations lack the bandwidth, professionalism,
credibility, and sensitivity of handling medico legal cases.
Firms / Individuals in India currently offer just counseling and
legal recourse and do not offer the finer aspects of risk management like
walking hand in hand with the doctors, managing their reputation and training
them for the future.
Documentation, Compliances and Certification in the medical space is
still lagging behind in India leaving a lot of room for growth for companies to
educate doctors about these practices.
Our internal test surveys have found that out of a sample of doctors
most have had sohim Legal Issues and are unaware of the risk, while 85% would
be very interested in a Service like LegalMD.
Management View:-
'With increased consumer awareness & activism the doctor’s
ability to take timely decision critical to patients well being will be
hampered & they will no longer be able to practice without fear. With media
glare & political appeasement approach, the community will be under huge
stress in the future. With no professional firm in this space, LegalMD can be
in the position to capture dominant market share.
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