Preventing and Managing Mishaps: A Guide for Legal Safeguarding in Healthcare
To effectively manage and reduce legal risks, medical professionals should follow these guidelines to safeguard their interests, especially regarding professional indemnity.
Managing Cases Within Expertise and Resources
Treat Cases Matching Your Expertise
Ensure that every case you treat aligns with your:- Qualifications
- Available Infrastructure
- Competence and Skills
Legal Consideration
Practicing beyond one’s qualifications, skills, or resources may legally be deemed negligence. The law requires a higher level of qualification and infrastructure for more complex treatments.- Note: Providing services with inadequate facilities can be classified as a deficiency, except in emergencies.
Recognize and Address Complications Promptly
- Prevent or manage complications as soon as they arise. If the case exceeds your expertise, refer the patient to an appropriate specialist.
- Transfer patients needing advanced care in a fully equipped ambulance and, where possible, accompany them.
Handling Unexpected Patient Deaths in Medical Practice
Medical practitioners should be prepared for handling unexpected deaths, whether they occur after procedures, surgeries, or other medical interventions.
Legal and Ethical Protocol
- Consult with colleagues for validation, even if the case has reached a point beyond intervention.
- Avoid transferring critically ill or deceased patients; instead, ensure all medical records and notes are thoroughly documented before pronouncing death.
Declaring Death Respectfully
- Ensure thorough documentation before declaration.
- Speak to family members empathetically and with transparency about the circumstances.
- The senior-most doctor should handle the declaration to avoid legal complications later.
- Avoid discussing pending bills or using insensitive language; instead, show respect and understanding.
Informing Police and Requesting a Postmortem
- Notifying the police does not require family consent, as it’s part of the official process.
- A “no negligence” statement from the family does not waive legal liability; proper documentation and protocol adherence are essential.
Emerging Insurance Sectors Affecting Healthcare Practice
Two primary insurance sectors that will influence the healthcare industry in the future:
Mediclaim Policies
These policies, often involving third-party administrators, provide cashless treatment options for policyholders, thereby changing the dynamics of patient care.Medical Indemnity and Comprehensive Coverage
Indemnity policies protect doctors and hospitals against claims of negligence. Comprehensive plans now cover property, vehicles, indemnity, errors, and omissions, offering broader protection to healthcare professionals.
Key Elements and Basis of an Insurance Policy
Insurance Contract Elements
- Proposal Form: This form should fully disclose all facts related to the insured object or individual.
- Premium Payment: The premium aligns with the insurance amount as per standard rates.
- Liability of Insurer: The insurer’s obligation begins when the insured experiences a loss within the covered policy limits.
Insurance Purpose
Insurance is based on managing risks by covering losses experienced by insured parties. For example, doctors pay indemnity policy premiums, and insurance providers compensate those facing negligence claims.Understanding Risk
- Risk is inherent in medical practice and can include anything from rare allergic reactions to unexpected surgical complications.
- Risk is essentially unpredictable and can occur unexpectedly. When it happens, it may lead to claims and actions for compensation.
By adhering to these best practices, healthcare professionals can better protect themselves legally and ensure their practice remains compliant and secure in the face of potential mishaps. True Legal Consultant is here to support you with expert guidance and comprehensive risk management solutions.