Association of Healthcare Providers India (AHPI) and the Indian Medical Association (IMA) have observed that compensation for medical negligence is far more expensive than the medical care which is provided to patients.

Following the huge increase in the number of cases filed against doctors and significant rise in the premiums paid to insurance companies, healthcare providers view this as huge expenditure. Hospitals and doctors are now reluctant to take on complicated cases for fear of medico-legal issues and many have stopped practice.

In India, this only adds to the already severe shortage of specialists. It is the patient who suffers, deprived of adequate medical care of an acceptable standard. Another factor for increased cost is the practice of defensive medicine, which sees need for excessive investigations done by the clinician for fear of being questioned in the court of law, said doctors.

According to Dr Alexander Thomas, executive director, AHPI, the IMA and AHPI have set up a working group comprising of eminent lawyers and medical personnel to tackle the issue. Other solutions to address this issue are to set up arbitration centres in hospitals, appoint an ombudsman in each state and set up a fund where patients would get immediate compensation for catastrophic events.

“It may be desirable to cap the amount that can be awarded in cases of medical negligence, on similar lines that of the US,” said Dr Marthandam Pillai, president, IMA.

“The current type of award for medical negligence is unsustainable and puts a lot of pressure on doctors. Putting a cap on compensation could act as a deterrent and remind the doctors of the consequences of medical negligence without hampering their daily practice, as is currently the case,” added Dr Pillai.

“With 80 per cent of births in India taking place in hospitals having 30 or less beds. These facilities in rural and semi-urban areas which provide care to the majority of patients in our country may have to shut operations if subjected to frivolous and exorbitant lawsuits,” pointed out Dr Devi Shetty, CMD, Narayana Healthcare Group.

AHPI’s National Steering Committee to Review Ethical and Legal perspectives of Healthcare had representation from the Association of National Board Accredited Institutions (ANBAI), Christian Coalition for Health India (CCHI), Consortium of Accredited Healthcare Organisations (CAHO), Academy of Hospital Administration (AHA), All India Ophthalmological Society (AIOS), Association of Otolaryngologists of India (AOI), Association of Physicians India (API), Association of Surgeons of India (ASI), Medical Officers Association of ESIC, Federation of Obstetrics and Gynecological Societies of India (FOGSI), Indian Academy of Paediatrics (IAP), Indian Orthopedic Association (IOA), Indian Society of Anesthesiologists (ISA), and Indian Radiological and Imaging Association (IRIA). These major societies will liaise to ensure quality, ethical, easily accessible and affordable care to all. This would include standardisation of care with minimum levels as appropriate, said Dr Alexander.