When medical professionals fail to provide care according to established standards, resulting in harm to patients, it is termed medical malpractice. With increasing awareness of patients’ rights and easier access to health information, medical malpractice cases are steadily highlighted. This article explores various crucial aspects related to what is considered malpractice, its implications and precautionary measures.

What is malpractice?

Medical malpractice is defined as the unskilled or improper treatment offered by a healthcare professional to a patient that results in harm, injury, or death. It happens when a medical practitioner is unable to offer care according to the accepted standards of the medical community, resulting in harm to the patient. 

In simpler terms, malpractice happens when healthcare providers are unable to fulfil their professional duty of care towards their patients. Such incidents can happen in different healthcare settings, such as a clinic, hospital, nursing home, etc.

Common types of medical malpractice

Medical malpractice can manifest in several ways. Here are some commonly known types of medical malpractice:

• Wrong diagnosis: When a doctor fails to correctly identify a condition, leading to improper treatment and worsening of the patient’s condition.
• Delayed diagnosis: When the diagnosis of a condition is delayed beyond acceptable timelines, causing the illness to progress and reducing chances of recovery.
• Surgical errors: These errors include incidents like leaving surgical equipment inside the body of the patient, operating on the wrong body part or inflicting damage to surrounding tissues.
• Medication errors: Prescribing incorrect medicines, wrong dosages or failing to identify potential drug interactions.
• Birth injuries: Negligence during childbirth leading to harm to the infant or mother.
• Improper treatment: Providing treatment that no reasonable medical professional would consider appropriate for a particular condition.
• Failure to obtain informed consent: Failure in telling the patients all about the possible risks linked with a procedure.

How medical malpractice affects patients?

The consequences of malpractice in healthcare can be devastating for patients and their families. Here is how patients can be affected:

• Physical harm: This can range from minor injuries to permanent disability or even death.
• Financial burden: Additional medical treatments, rehabilitation expenses and income loss caused by the inability to work can place significant financial strain.
• Emotional distress: Patients may experience trauma, anxiety, depression or loss of trust in healthcare systems.
• Reduced quality of life: Permanent injuries can lead to lifestyle changes and reduced independence.
• Extended recovery time: Incorrect treatments may prolong the recovery period, causing additional suffering.

Legal rights of the patient

In cases of medical malpractice, patients have several legal avenues to seek justice. These are:

• Consumer Protection Act: The Consumer Protection Act covers medical services and allows patients to file complaints in consumer courts for redressal of their issues.
• Civil lawsuits: Patients can file civil suits seeking compensation for damages caused by a healthcare professional’s negligence.
• Criminal cases: In instances of gross negligence resulting in death, criminal charges can be filed against healthcare providers.
• Medical Council of India: Complaints can be filed with State Medical Councils or the Medical Council of India. These authorities can take disciplinary action against erring doctors.

How to prevent medical malpractice?

Here are steps that can help prevent medical malpractice:

For patients:

• Research healthcare providers thoroughly before seeking treatment
• Ask questions and seek second opinions when in doubt
• Keep detailed records of all medical interactions
• Make sure you comprehend all aspects of your treatment plan
• Report concerning practices promptly

For healthcare providers:

• Stay updated with the latest medical practices and knowledge
• Maintain clear communication with patients
• Document all interactions and decisions comprehensively
• Implement robust quality control systems
• Seek consultation when facing complex cases

Role of health insurance in malpractice cases

Health insurance has an important part to play in medical malpractice situations:

• Health insurance policies may cover treatments required to address injuries resulting from medical malpractice. However, they don’t cover legal expenses associated with pursuing malpractice claims.

For healthcare providers, professional indemnity insurance (also known as medical malpractice insurance) provides essential protection against potential malpractice claims. This insurance covers legal defence costs, settlements and judgments in malpractice cases. Thus, professional indemnity insurance for doctors ensures financial safeguard if something goes wrong.

Conclusion

Medical malpractice is a critical matter that impacts both healthcare providers as well as patients. Understanding what is malpractice in healthcare, recognising its forms, and knowing the available legal remedies are crucial steps toward addressing this problem.

For patients, awareness of their rights can help them seek appropriate redressal when harmed. For medical professionals, understanding the legal implications of negligence and taking preventive measures, including obtaining professional indemnity insurance, can protect both their practice and their patients.

Disclaimer: The information provided in this blog is for educational and informational purposes only. It is advised to verify the currency and relevance of the data and information before taking any major steps. Please read the sales brochure / policy wordings carefully for detailed information about on risk factors, terms, conditions and exclusions. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.