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DEFENCE FOR DOCTORS

Prevention is better than cure is a most vital principle of medical science and every doctor ought to know it. Similarly, a wise doctor always takes preventive steps to avoid litigation rather than inviting it and then try to defend it. Some routine and at the same time important preventive measures are as follows :

  • The first and foremost duty - both legal as well as moral is that the doctor should keep in mind to master the subject in which he practices e.g. a person is qualified in Orthopaedics, should take cases of orthopaedics for treatment; and no other person, however confident, adventurous or efficient he may be, should handle such a case as he has no mastery or qualification for the same. Fool- hardiness or overbearingness is to be strictly avoided.
  • A general practitioner is expected to have a general knowledge of the disease and ailments, complaints and complications that are likely to arise in the course of his practice. It is expected of him, nay, very much necessary for him, to be in touch with the normal trends in the branch of Medicine.
  • Never draw a colourful picture about recovery of a patient or promise hundred percent cure just to impress the patient and try to prove yourself smart & most skilled doctor. It is true that a good doctor is always optimistic but at the same time he should be realistic too.
  • Rough, rude and inhuman behaviour of a doctor or his staff is one of the main reasons for provoking the patient to sue the doctor. When condition of the patient deteriorates for one reason or the other, doctor should take the relatives into confidence and calmly and politely explain the situation in sweet words and do further treatment or make a reference in sympathetic manner. This will surely prevent majority litigations.
  • It is very easy to criticize other but to do not do that with your colleague because some day you will be criticised by someone else and it is a vicious cycle. This is another major factor in provoking litigations against doctor.
  • Always examine a female patient in presence of a nurse or her female relative.
  • Please remember that you will never fail in giving a reply to any notice received by you, because even not giving a reply to any formal notice may in some litigations be treated as your tactic admission by non-traverse or non-denial.
  • If any notice is received by a medical practitioner from any Government Body, Office or Council or from a private councel it is always wise and advisable to reply to each query or allegation under an efficient legal guidance and help from the very beginning. Please mind well that your written reply to any such query or notice will build a sound or weak foundation of a future legal fight and hence all due caution must be observed before you put anything in writing.
  • Always obtain informed consent in writing and preferably in presence of a witness.
  • Explain the patient about approximate expenses of the treatment before starting the treatment, so that no dispute arises as regards to payment of fees & other expenses.
  • Never do experiments on your patient without proper experience.
  • Use only those methods and procedures which are well recognised in medical profession.
  • Keep up-to-date medical record of the patient, which itself constitute a good evidence. If proper records are maintained it proves that proper care was taken from time to time according to the Patient's situation.
  • Never disclose to a third party any information from patient's medical record without his consent.
  • Never try to change or manipulate medical record of the patient as that itself prove your negligence.
  • Never compromise with your findings just to satisfy your patient, especially in case of insurance and visa.
  • Once you have accepted the patient & started the treatment, do not leave it halfway without patient's consent.
  • Never issue a bogus certificates. Always keep a complete record of the certificates issued by you and preserve them at least for a period of five years.
  • Doctor should attend to his indoor patients round the clock. It must be very clear that there is a big difference between a visit call & this call.
  • Give proper notice to your patients about your absence and make some alternative arrangements with their consent.
  • Always employ qualified staff and remember that doctor is vicariously liable for his staff's negligence.
  • Ignorance of law is not an excuse, so please make it a point to possess at least primary knowledge of laws related to your profession.
  • Every qualified medical man has got to be registered with the Medical Council (State or Central). Once registered under a Medical Council, a doctor is prohibited from entering into any other calling and therefore don't pursue any other business or profession once you have chosen to be a medical practitioner registered with a Medical Council.
  • Ordinary and reasonable care and skill should be applied at all times with all patients.
  • Laboratory tests should be carried out whenever it is necessary to corroborate and confirm the diagnosis.
  • A specialist should preferably be consulted in case if diagnosis is not precise.
  • Before injecting any drug to ascertain whether the same would have any reaction adverse to the patient.
  • Always ensure that the drug which is going to be administered or injected is properly identified and is not something different.
  • In case there is suspicion that the patient is suffering from AIDS or similar disease adopt the proper procedure as is prescribed by the medical authorities concerned.
  • In case an operation is to sterilize either of the spouse consent of the couple should be obtained.
  • In case the nature of treatment is new or an experiment consent of the patient should be obtained.
  • A patient who is undergoing labour should be attended to without any lapse.
  • Always give proper instructions regarding the dosage, duration and likely effect of medicines to the patient.
  • Always give clear cut instructions for post-operative care and check-up of the patients.
  • Do not delegate that part of your duty which is within your professional competence and always keep constant supervision over juniors and assistants.
  • Advice immediate hospitalization in critical and terminal cases where first aid or your professional skill and facilities cannot cope with the emergency.
  • In case of medico-legal implications be prompt to inform the police but to take such steps as are warranted in the ordinary course to attend to a patient.
  • Do not allow at any cost infection of any king to spread & cause damage to patients. Hospital wastage should be properly dealt with.
  • Before administering anesthesia the machine and the pipes should be properly checked and fitted.
  • Nursing homes claiming round the clock service should ensure competent doctors are available to look after ailing patients and to attend emergencies at all times.
  • Never overstate your qualifications.
  • As a specialist more care is expected from you.
  • Keep standard instruments and appliances.
  • Give complete details of fees charged from a patient.
  • Remember, publicity is prohibited.
  • In case the patient has come from another doctor his previous treatment record should be taken.
  • Do not hesitate to treat a patient for fear of the law. Every patient is not a potential litigant.

Insurance :

It is most desirable for a doctor to have a full insurance in the present era of consumerism. It is a best defence and also gives mental peace over and above financial relief. In India, all the Insurance Companies are Nationalised and hence terms and conditions are almost identical. But it is advisable to take a policy of the company where you know somebody as it will be an easy dealing when actual need arises. Now in certain cases Insurance Company even permits to engage your own advocate.

  • The Insurance Company takes liability for 'Policy Period' only; so pay the premium in time.
  • During policy period number of claims may be any but company is liable for amount assured.
  • Inform the Company immediately when you shift your nursing home or consulting room.
  • If the doctor does not disclose about his attachment with a hospital or a nursing home, the Company may refuse to take liability of the claims which have arisen there.
  • The Company shall not be liable if a doctor practices a specially or branch other then mentioned in the application form.
  • The Company is responsible only for four qualified employee mentioned in the form & not for other unqualified employee.
  • The Company is not liable for claims arising from specific facilities like XRay, Scanning etc. which is used by the doctor, unless mentioned in the form.
  • The Company may refuse the liability if the facilities mentioned above are used by other doctor without Company being informed or that facilities are not maintained properly.
  • No liability shall arise or part of the Company in respect of:
    1. Any criminal act or any act committed in violation of any law or Ordinance.
    2. Service rendered while under the influence of intoxicants or narcotics.
    3. Claims arising from any condition directly or indirectly caused by HIV e.g. AIDS or such identical conditions.
    4. Third party public liability.
  • The use of drugs for weight reduction is excluded.
  • Cosmetic surgery is also excluded.
  • The Dental surgery under General Anesthesia is covered only when it is carried out in a hospital.
  • If a doctor allows other doctor to use his nursing home or operation theatre or other facilities under written or implied contract without informing the Company, Company may not be liable for claims arising out of that contract.
  • The company may not be liable for a specific contract of 100% cure or similar to that, made by the doctor with a patient.
  • The Company is not liable for promise or payment made or given by the doctor without its written consent.
  • This policy does not cover liability caused by radiation or radioactive substance.
  • It the liability is covered by other party also than the company shall pay its rateable proportion of such liability.
  • The policy is void if there be any mis-statement in or if a material fact be suppressed or omitted from the proposal.
  • The policy does not cover any criminal liability of what so ever nature.