• By Detcare
  • Posted On October 25, 2018

“Save your Life or stay out of Legal Trouble?”, worrying Dilemma for Doctors| Detcare

“Saving your Life or staying out of legal trouble”, is the Medicine’s latest epidemic.

Doctors across the world are more likely to prefer the second option nowadays when compared to their preference a decade ago.

Doctors fearing the threat of prosecution are avoiding high-risk procedures and patients, who could be denied life-saving treatment as a result, a survey suggests.

The estimate suggets that 86% of physicians were practising ‘defensive’ medicine, while 48% said the threat of legal action was deterring them from high-risk patients.

Defensive medicine is where doctors recommend a test or treatment with the priority being to avoid litigation rather than the patient’s best interests. An example would be declining to carry out a procedure with a relatively low success rate, even if it represents the patient’s only hope of medium to long-term survival.

Doctors say that cases filed are a part of a “trend towards the criminalisation of healthcare”, which has seen many  healthcare professionals charged, prosecuted or convicted for gross medical negligence in a year.

The situation worsens when patients are getting unruly and mob tendencies are increasing.

A renowned Kidney sugeon said: “Of course it’s a tragedy when somebody dies or get complications in some medical condition but putting a criminal case is not the way to address that. Paranoia spreads very quickly and is not a good way to practise medicine. No-one goes into a hospital intending to harm a patient.”

“Surgeons  will simply say ‘why would I take the risk?’ Lots of other simple surgeries pay better and don’t  involve ending up in jail.”

Another Doctor said: “Definitely more risk averse now, and I am aware of rising costs for the patients. But then no patient will support me if something goes wrong, even if I have done something with best of my intention.”

“If the criminal law is going to be used in medicine, you’re not going to to do it [operate] when it comes to high-risk patients who have any risk of dying. Doctors will stop operating in cases where there is a high mortality; that’s the real worry about this. We always try to use every method that we can to save a patient but if the result is not favourable then the patient will sue us, claiming that we shouldn’t have tried that method. The reality is that in many cases, even we don’t know which method might work, which might not.”

Hope the lawmakers, judiciary, doctors and society find a more balanced solution , so that a doctor can focus on saving your life instead of worrying about the legal consequences.

Dr A K Paul, Onco Surgeon

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