👌Tackling medical negligence – The Hindu BusinessLine

https://www.thehindubusinessline.com/opinion/tackling-medical-negligence/article67671988.ece

Clipped from: https://www.thehindubusinessline.com/opinion/tackling-medical-negligence/article67671988.ece

Medical audits by a board of independent, qualified people not on the institution or doctor’s payrolls could be a solution

Years ago, a 95-year-old pilot had recounted how he’d lost one of his eyes due to a “faulty” cataract surgery. An anecdotal incident, though, not an isolated one.

People have been adversely impacted by faulty medicines, vaccines, medical devices and by medical procedures gone wrong at the hands of medical professionals. And the discussion whipping up much emotion these days involves “medical negligence” and how it is being addressed by the recent Bharatiya Nyaya Sanhita (revamped Indian Penal Code, IPC 1860).

The doctors’ association calls for decriminalisation of a “medical mishap”. Viewed through their lens, even the most well-intended procedure, medicine or vaccine could have a life-threatening outcome on someone. In fact, doctors say, it would be difficult to work freely with the sword or criminality hanging over their heads.

But patient-families alleging negligence by the treating doctor, call for greater punishment. A wrong medicine, dosage or overlooking safety precautions or side-effects, for example, is negligence and someone needs to be held accountable, they say, with support from some doctors.

The waters get muddied further, when incidents emerge alleging that patients are put through tests or procedures to help healthcare institutions or professionals meet their “targets”. If a mishap occurs while pushing targets, can it be viewed through the same benign lens as a well-intended doctor advising a procedure?

Clearly, this is thin ice and it is traversed every time there is a need to establish an adverse event to a medicine, vaccine, device or procedure. And unfortunately, the task of establishing the link or causality is always an uphill task, for patients. However, it is not impossible.

Medical audits are a sound approach, where a board of independent qualified people — not on the institution or doctor’s payrolls — investigates “medical negligence”. A graded penalty outlined by the law, can be handed out, depending on the gravity of the mishap.

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