By- Hema Sudanthira G, BA.LLB(Hons), School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai
Abstract
Medical negligence, a critical issue highlighted by Arthur Conan Doyle's observation on the trust placed in doctors, has significant repercussions for both patients and the healthcare system. This paper examines the increasing trend of medical negligence litigations and the consequent rise of defensive medical practices. It identifies key factors driving these litigations, including public awareness and systemic issues like understaffing and inadequate training. The adoption of defensive medicine, while reducing legal risks for doctors, often leads to overdiagnosis, unnecessary treatments, and higher healthcare costs, detracting from patient-centered care. This paper proposes methods to balance legal risk management with compassionate, high-quality care, such as enhanced communication, standardized protocols, ongoing education, and robust documentation. Additionally, it outlines common complaints in medical negligence and healthcare providers' obligations. The discussion includes an overview of remedial and punitive acts that address medical negligence, ensuring patient care and accountability within the healthcare system. Through these strategies, the healthcare sector can better navigate legal challenges while prioritizing patient safety and trust.
Introduction
“When a doctor does go wrong he is the first of criminals. He has nerve and he has knowledge.” —Arthur Conan Doyle, underscores the critical trust placed in medical professionals. This trust is vital as doctors make life-altering decisions. However, breaches due to medical negligence can have severe repercussions for both patients and the healthcare system.
Recently, there has been a significant rise in medical negligence litigations, reflecting greater public awareness of patient rights and care standards. This has highlighted issues like understaffing and inadequate training in healthcare. As a result, many doctors now practice defensive medicine, conducting extra tests and procedures to avoid lawsuits. While this reduces legal risks, it often leads to overdiagnosis, unnecessary treatments, and higher costs, detracting from patient-centered care.
This article explores the rise in medical negligence lawsuits and defensive medical practices, examining their impact on healthcare and potential strategies to balance legal risk management with compassionate, high-quality care.
METHODS TO BALANCE LEGAL RISK MANAGEMENT WITH THE DELIVERY OF HIGH-QUALITY COMPASSIONATE MEDICALCARE:
1. Enhanced Communication and Informed Consent:
- Ensuring clear, transparent, and empathetic communication with patients about their conditions, treatment options, and potential risks can build trust and reduce the likelihood of misunderstandings that lead to litigation.
- Obtaining thorough informed consent by educating patients about the benefits and risks of procedures and treatments.
2. Continuing Education and Training:
- Providing ongoing education and training for healthcare professionals to keep them updated on the latest medical advancements, technologies, and legal requirements.
- Emphasizing areas such as patient safety, risk management, and effective communication skills.
3. Peer Review and Auditing:
- Conducting regular peer reviews and audits of medical practices can help identify potential issues before they lead to adverse events.
- Creating a non-punitive environment for these reviews encourages honest feedback and continuous improvement.
4. Robust Documentation:
- Maintaining detailed and accurate medical records can provide a clear account of patient care, which is crucial in the event of a legal dispute.
- Ensuring that all interactions, decisions, and patient instructions are thoroughly documented.
5. Patient Safety Programs:
- Implementing comprehensive patient safety programs that focus on identifying and mitigating risks can significantly reduce medical errors.
- Encouraging a culture of safety where all team members are empowered to speak up about potential issues.
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