AUGUST 30 — The Ministry of Health has recently enacted new regulations which rightly mandats all doctors to purchase medical defence insurance in case patients sue them.
In the light of recent court findings, a major problem has arisen.
Patients often sue both hospitals and doctors together, with the hospitals recently been found guilty of 'vicarious liability', meaning the courts place added responsibility on the hospitals for granting doctors the right to practice in their premises.
Thus this increased responsibility means the hospitals have to pay more compensation to the patient. However, hospitals are now seeking to claim this increased damages from the doctors involved.
What makes the matter worse is that the medical defence organisation, MDM, has officially stated that it will NOT pay or be an involved party when hospitals bring these claims to the doctor, arguing that the signed contracts between the hospital and doctors allow for the hospital to shift responsibility onto the doctor.
As senior doctors with long involvement in medical societies, we write to ask:
1. What good is a medical insurance plan if the insurer refuses to be responsible when technical legal issues arise after a patient sues both doctor and hospital?
2. Since the Ministry of Health has legally made it mandatory for doctors to purchase insurance, should it not equally make it mandatory for insurance companies to live up to their responsibility when a legal suit occurs?
3. Should not hospital and doctor cooperate to practise better medicine and jointly defend themselves when faced with a legal suit instead of trying to shift blame onto the other party?
It is good to remember that ultimately we are all on the same side, seeking to heal the sick and comfort the suffering, whether patients, family, doctors, hospital administrators, medical organisations or the Ministry of Health. More time spent on communication and explanation so that all understand there can be no guarantee of cure or promise of successful outcome may lessen legal cases.
And of course monetary incentive should NEVER be the prime motivation of doctors or hospitals.
* Dr Ong Hean Teik is a consultant cardiologist and past-president of the Penang Medical Practitioners’ Society. Dr B Gunasekaren is a consultant neurosurgeon and past-chairman of MMA Penang Branch.
** This is the personal opinion of the writers and does not necessary represent the views of Malay Mail Online.
