Alarming Increase in Consumer Cases/Medical Malpractice Claims in India: How Medical Professionals Can Protect Themselves?

Abstract

The number of cases against medical professionals for malpractice is increasing rapidly because of increased internet awareness ('Dr. Google') among patients. While very few cases may be legitimate and based on clinical negligence exercised by doctors, most medical professionals are wrongfully accused because of the lack of public understanding. The ophthalmic professionals must communicate empathetically, emphasize diligent service delivery and also maintain proper records about the patient history, consent, and treatment. This practice will bring down the alleged incidents of malpractice and will protect medical professionals from fake lawsuits. It is imperative to take substantial measures to ensure due diligence while performing surgical procedures, follow the provided guidelines, and take all necessary measures before performing any surgery in the hospital. Following surgical checklists, protocols, proper documentation (maintaining medical records), taking informed consent, communication about the outcome of the procedure or treatment, timely referral of the patient (in case of any complication), and obtaining adequate professional liability insurance coverage are a few important tips to minimize the risk of litigation against medical professionals and medical professionals. In a developing country like India where there is an abysmally low investment in health, the paucity of trained human resources, a huge gap between urban and rural health care, and poor political/administrative will to improve the health sector, it would be wise to implement a no-fault liability system within the public health sector and also to have caps on the amount of compensation after carrying out due research and discussion. India needs to overhaul the present system of addressing medical negligence using all of the above-mentioned solutions effectively. Medical professional bodies of India should ask the ministry of law to cap compensation for malpractice.