MEDICAL LAWSUITS FOR COMPENSATION: ARE DOCTORS SOFT TARGETS ?


Doctors save the patient, but save yourself also.

In an era, when family members, brothers and sisters fight for money among themselves, it will be naive to think that idea of extracting money from the doctor does not exist. With courts giving millions in compensation, lawyers are ready to fight cases on zero fee and divide the booty later. There may be many relatives, lawyers who are ready to try their luck, sometimes in vengeance and sometimes for the  money received in compensations. This encouragement and instigation of lawsuit against doctors is becoming a major disadvantage to doctors. Here is a news from a paper showing the problem.

Dentist accused of botching up an implant, produces video of complainant feasting at gurudwara langar: Senior citizen claims Rs 35 lakh from her dentist saying her implant was botched up and she was unable to eat; the doctor produces a video of her feasting at a gurudwara langar; cops close case.

In this case the doctors was really smart and lucky. The doctor was able to generate some evidence .  but  most of the time, things lie in grey zone and it becomes very difficult for the doctor to defend. Unfortunately  sympathy of the court and public sentiments runs against doctors . Thanks to media and celebrities for the  negative and  campaign against medical profession.

Many a times problems are just part of genuine poor prognosis or just bad course of disease or simply complications of the treatment.  Public has failed to realize that during treatment of  human body, complications  are inevitable and will always happen.  Retrospective analysis and wisdom of hindsight, always throws better light. But during treatment all this luxury is not available to doctor. Genuine complications can be easily labeled as mistakes of the  treating doctor. Unfortunately, if there is a lawsuit against a doctor, he will be wasting all his time with lawyers and courts, which will takes years to sort out.

Problem is that, there is no deterrent for patients to put cases on a doctor. Even when  case is  just with a intention to harm, revenge or extortion. Harassment of the doctor is full and permanent, even if he is not at fault. Lawyers and patient’s  relatives can always have a field day, at the cost of doctors. Society may be slow to anticipate their long term loss at present.  Till that time, doctors will have to  find ways to save themselves, as this doctor did!

 

 

Misdiagnosis of health care, wrong and misdirected treatment of real problem


       Yesterday, there was a painful news in paper about the death of a child due to rabies.  It is really painful  loss of life due to a preventable disease. Every one sympathizes with child and parents. But equally strange was the suggestion  that action will be taken  against the  doctor.  Newspaper also  fails to raise a point that,  why at all a preventable disease should happen?  Similar trend we always see in media, when some death occurs due to diseases like dengue and malaria, it is a doctor, who treated the patient or trying to fight with the advanced complications is punished or made a scapegoat and projected as a villain in the story by media.

  No one including administration,  government, courts or media raises a point, that why at all the diseases which  are  completely preventable,  should happen and  keep on happening.  In my previous article, I mentioned the misplaced priorities of media about the same.  At least public, who is suffering should understand that dog bite and mosquito bite is preventable. Therefore more emphasis should be on preventing these bites. That should be made a priority. If  that bite is not prevented and no action is taken to prevent that, these diseases will keep on happening in  a large proportions.  Beds  and doctors are limited in number and will be unable to treat it, specially in advanced stage. So we need really good people to make a proper diagnosis  of our health care. Every time such cases happen and these are preventable disasters, doctors are sacrificed as scapegoats.  Some one sensible need to do a root cause analysis of preventable deaths.  Media people will  have to  find the correct remedy  and demand for it. Otherwise it is not going to help and treat sufferings of common people.

Medical lawsuit:bad lottery for doctor, Will ever there be justice for doctors?


Court’ s decisions, delivered with retrospective analysis and wisdom of hindsight puts the doctors  in  disadvantageous position, who have to decide  in the circumstances of  future uncertainties of diseases. Patients  will   always be unhappy due to disease and tend to blame the doctor. Doctors can bear  with the level of understanding of patients, ignorance of patients towards medical science, but it is  hard to digest the court’s  judgments of these types. Every drug, howsoever innocuous it may be, has different reaction in different humans. It is impossible to predict which patient will  have allergic or idiosyncratic reactions.

Here a neurologist has been punished because of rare side effect of the drug, which can happen to any one and with any drug.  If content of the newspaper are correct and this is the judgement, it is really unfortunate for the doctor and medical community as a whole.

So if doctors are being punished for uncertainity of medical science and there is  ignorance of courts towards the same, it will become impossible  for doctors to work.  It seems that in future it will be difficult to treat even a single patient because patients, courts and everyone either  do not accept genuine and routine complications of the disease or the outcome and  blame  the doctors  knowingly.

These kind of  judgments  are setting up   precedent for cases of negligence against medical professionals, for no fault of theirs. Thereby instilling a sense of fear in the minds of doctors, besides decreasing the faith in judiciary as well. Doctors are helping everyone, but getting zero justice themselves from all quarters including courts, have made medical professionals  sitting ducks  for harassment  by all possible means.

Now the neurologist will spend more money on lawyers in defending himself. He will waste his time in courts rather than treating patients. Above all, damage to his professional soul and morale of medical professionals as a community will get a jolt. Even if wisdom prevails and higher court does the justice later, the irreparable damage is already  done to medical profession.

The atmosphere of falsely created vigilantism is pervading everywhere against doctors, with the result that wisdom, judgment, intellectual debate, and basic common sense is being abandoned for the sake of populist judgments. The perception thus created against doctors by media and celebrities has done immense damage to profession, resulting in bringing the doctors  to their knees. Whether there is any substance to the allegations, unfortunately, does not seem to matter.

If doctors are going to be penalized despite  doing their job correctly, then God save the people and medics. If this is the  justice imparted to doctors, good doctors will choose for safer options. As society is unable or unwilling to do justice to doctors, should it expect good doctors to treat their patients? Or actually does the society deserves to have good doctors?

 

25 factors -Medical treatment costs becoming expensive: are doctors responsible?


Although doctors are blamed for expensive medical treatment, but the real cause  is the aberrant evolution of medicine and medical education to almost an industrial model. There has been tremendous rise in health care  expenses in last few decades and it is usually borne by the government, taxpayer, insurance or patient himself. Discontent is all the more if patients  are unable to bear these expenses and if the results are not as per  expectations ( realistic or unrealistic).

Following features have led to increasing dependence on investors in medical field which then has to run along the lines of an industry to ensure its financial viability-

1.Newer technology and  rapid advances in newer innovations in medical fields  for improvement in diagnostic and newer treatment modalities. If a hospital or doctor does not upgrade, it will be regarded as  having obsolete technology.  Most of these medical technologies  are extremely expensive and owned and marketed  by big multinational companies who  sell them.

Since cost involved is very high, there can be various types of deals involved between  middlemen  involved in selling and buying these equipments and technologies. Doctors  are the  end users of these technologies, but  not part of business process. They are actually the consumers and users  for  these technologies.

2.Expensive real estate:  A self made doctor at the start  or even during his life time, does not have the kind of finances  to build  a hospital which needs a large parcel of land with commercial location. Therefore there  is a need for big investment or investor to pitch in and invest funds.  And if they invest, obviously they would look for some returns.

3.Equipping the Hospital: Building of hospital with the  infrastructure  and equipping it well needs lot of money and investment which only an investor can provide. Same is true for maintenance of equipment, bills,  insurances, AMC  etc.

4.Staffing of Hospital: A hospital needs lot of skilled human resources, health care being a highly labour intensive industry.  Doctors , nurses,  technicians, para medical, administrative and clerical staff is required.  Employment of non medical  in hospital industry too has been increasing because of various regulatory requirements and complex processes other than just treating patients.

5.High regulatory requirements:  globally the requirements of regulatory authorities have been sky rocketing and it requires  a lot of manpower to maintain such data. Getting accreditation etc are  processes which requires manpower, time, and a legal team. All these legal  requirements are expensive.

6.Consumer protection act:  This single important factor can increase the cost of  healthcare for the patient. As doctors are increasingly scared of being dragged to court, they are always on backfoot and are forced  to do defensive practice. Investigations are required for documentation. Patient and courts will ask for proof and goes by documentation.  Medical problems are very complex and  sometimes it is difficult to judge  the future course of disease or decisions for surgery, or how patient will behave before or after surgery. A doctor, thus, will always try to play safe legally  in present scenarios. Because everything he does will be scrutinized later, with retrospective wisdom,  by courts. And   since doctors manage  so many patients everyday, they never know which one will harass and deceive them  later.  Mistrust has increased to such an  extent that patient relatives do not understand even if things are told in good faith and in patient’s interest.  Summarily doctors have to safeguard themselves from treatment as well as legal and  documentation hassles.

7.Expensive legal services:  Every case that goes to court involves lawyers and their expensive fees. Most of the time even though the doctors may be right, he has to defend himself with the help of  lawyers.  Law industry has been  benefitted enormously because of consumer protection act at the cost of doctors. Increasing mistrust and unhappiness in patient’s mind definitely does not  help patients and doctors. Strangely  doctor’s fee are quite low but lawyers charges them astronomical amounts, which are beyond any logic.

8.Increased expectation of patients : People want exceptional care, best in the world with best technology,  that also at a price less than  even a meal in restaurant, and then they want a quick relief!!  This is an expectation almost impossible to fulfil. Even government hospitals, which are funded by taxayer’s money find it difficult to provide free treatment with quality.

9.Large claims given by courts:  in a country where people  fight with their parents, brothers and  sisters for money and property, it will be naive to think that idea of making money from doctor  does not exist. With court compensations going into crores, doctors  can sense many times that some patient relatives  try to use the opportunity. They have nothing at stake so they try to make some noise on social media and harass the doctor in court or on social platforms. Even for patients, who had poor prognosis at the very onset of treatment, relatives can create problems. Doctors have no protection from these nuisanse. All these factors further enhance insecurity in doctor’s mind.

  1. Expensive and time consuming Medical education, on sale: Although an open secret , as reported routinely in news, medical seats are big business. Each private medical college seat sells for huge money. Such doctors, who have purchased seats have already  behaved as investors. Once these  doctors are in practice, they will try to  recover the investment. This can obviously push up the health care costs not to mention vitiation of the medical fraternity.

11.Requirement for maintaining huge data and audits:  to maintain standards, to have accreditions, for medicolegal issues , large data storage, audits and surveillance is required. These systems also need  new systems and manpower.

12.Employment of large numbers of  non-medical personnel:  earlier management work was handled by doctors. All senior doctors were given small and differnet  departments of  administrative work at very little  or no extra cost. But now for all these works separate administrators  are appointed. Now a days ratio of doctors to nondoctors is higher as compared to previous years. Increased regulatory and  and insurance system needs more non- medical staff.

But  productivity of hospital still remains by  doctor-patient interaction.  This change in arrangement in Hospitals has caused  increase in costs and hence pushed the health care  expenses. Advantages and disadvangages of these changes  in arrangement will be known  with time in future.

13.Non regulation of  businesses  associated with large health care industry: for example pharma industry,  suppliers , biomedical, equipments, consumables. Such individuals,  although play important part in medicine, cost, sale and purchase, but are largely  unregulated. Unlike doctors, who are regulated by multiple governing bodies. But doctors are  often perceived  as culprits for these costs escalation.

14.Increasing extinction of Single doctor and  small setups: for them it will be difficult to keep pace with newer technology and buying expansive equipments. It will be difficult  for them to manage requirements of new medical system, legal problems . At the most they will continue to provide cheap medical services,  but for only common and simple ailments. It will be difficult to manage serious patients and sick and complex patients in view of high public expectations . These set ups are under severe security threat and pressure because of non – acceptance of even genuinine complications of treatment.  As legal requirements increase,  these systems will become unviable and option of common public for cheaper, friendly services may become extinct. So it will decrease  the  easy and  sometimes last option of  doctors to settle with a small set up. Chances of them to work for investors  and insurance companies will increase, and they will be cheap labour for industry.

15.Medical and health Insurance becoming indispensible:  Insurance companies are every where.  They sell policies to patients , as well as doctors.  In fact, they are  positioned between doctor and patients. They make money from both sides. Obviously more expensive the treatment, more dependence on insurance. Therefore a cycle has been set up.  Increase in  insurance cost  will push health care  more expensive and a vicious cycle is set up. One should not be surprised, if in future treatment to a large extent will be dictated by insurance companies.

16.Conversion to a industry:

Because of above reasons Medical and health care has become an industry and needs investors. So as it is business proposition. Funded by investors and run on commercial principles, the  doctors are being slowly reduced to  skilled labour, alienated from the core.

  1. Aging, multiple diseases : as life expectancy is increasing, it is leading to multiple diseases and more complex diseases  and new expensive treatments.  In this changed scenario and  all people  want to prolong life as much as possible. Cost of prolonging life with multiple problems is quite high. It consumes more medication and resouces and hence consequently pushes up the cost of medical treatment.

18.Evolution of complex infections:

    Advent of antibiotics   and germ theory was thought to be game changer in medical history. But because bacteria proved to be smarter than humans and acquired resistant. New and expensive antibiotics have been gradually being rendered useless. Need for more antibiotics is causing treatment to be costlier.

19.Evolution  of  advanced treatment:  Invention  of Expensive and new diagnostic techniques along with highly technical treatments by industry is not without added cost.  Although it may be useful in certain patients, but how much it will help overall in masses, for general treatment, as it increases the  cost of overall treatment.

20.Increasing  need for heightened security:  It is not uncommon to have mobs causing physical harms to medical workers  and  damaging hospital properties. These incidents have caused increased need for security for the premises and adding to the cost.

 21.Complex interplay of various industries eg pharma industry and consumable industry:  large  number of consumables pharmaceuticals, sutures,  surgical instruments, IT industry, drugs, implants, medical supplies are required.  These industries supply their items on a price commanded by them and there is complex interplay  of various industries.

  1. Non uniform and variable care and cost:  each city has multiple hospitals. Care and cost varies in  every set up. Even all government set ups are  not uniform in facilities and cost. Private setups  vary in cost and care, to the extent of  maximum possible variations. All this non-uniformity has created confusion in the mind of patients and variation in financial issues.
  2. Poor public health care facilities: due to less expenditure on health care, government health care facilities have been under developed.  Less  investment by government has given way to private health care to flourish.

24: Conversion to a industry model  and entry of Investor: all the above investments are very expensive. Doctors usually do not have that much money to invest. Therefore   Investors and financers  have become indispensible part of health.   once investor invests money, it will be driven on business principles.

  1. Future course: I do not see in future that this arrangement is going to change , rather it will be strengthened more and more and quality care will become more costly. Doctors will  be totally  alienated  from financial  and business aspect, because industry will  not be sustainable without an investor.

 

As we look at reasons above, Doctors are no where in the financial picture and  to be blamed for increase in overall health cost.  But since only doctors are visible part of industry, who treat and interact with patients, often they are blamed for  the cost. They have actually being alienated from financial aspect, barring small percentage of doctors, who are financially literate. Consequently, the doctors who will be unable to entrench themselves in the business milieu will be unfit  in future and hence extinct.

Doctor’s predicament: How to treat prejudiced minds of patients?


“Medical negligence” is the word in the air. Routine complications of treatment, poor prognosis of severe diseases and death of sick patients are blown out of proportion and projected as negligence of doctors. All these insinuations are creating fear in the minds of gullible masses, who do not have any idea about the complexity of medical profession and treatment of diseases.

Thing have become so difficult that it will become difficult to treat even simple diseases in future. Non acceptance of natural progression of disease or genuine complications of surgeries by a patients has created fear among doctors. This is due to vicious campaign by media and has done irreversible damage to doctor patient relationship.

Instead of trying to improve the health care system as a whole, focus has settled on blaming the doctor only. Less number of doctors, poor health care system and insufficient resources are nowhere in focus.

Being a doctor is a tough journey. Nature of work that provides relief to human beings, while sacrificing his own personal life should be respected by civilized society. But sadly, doctors are projected in a bad light due to vicious campaign by media and celebrities. The due respect and appreciation is sadly lacking. This kind of malicious allegation against a profession community has created a sense of mistrust against the doctors in the mind of patients. Situation has become so bad that a patient, while interacting with his doctor, is not trusting the correct advice and decisions taken by a doctor in good faith. Patient will question the advice and most of the time delay his own treatment. Not uncommonly the treatment is delayed and crucial time is wasted for unnecessary reasons.

Hostile environment, risk to doctor himself, unrealistic expectations of society, retrospective analysis, physical and verbal assaults, medical industry and medico–legal issues have created a complex environment for doctors.

Although doctors have learnt to live with this pain of mistrust thrust upon them and they are suffering. But it does not require an Einstein brain to anticipate that who will be suffering ultimately due to this kind of mistrust. Society seems to be going to self destructive mode. At present, doctors and patients both are sufferers. May be media and celebrities will earn some money and fame by creating and propagating this mistrust.

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