Earlier this year, the Malaysian Medical Council (MMC) had made it clear about transforming into a corporate entity by next year. As part of its efforts to regulate and deliver quality medical care, medical indemnity insurance is on the verge of becoming a game-changer. Under last year’s amendments to the Medical Act 2012 and the Medical Regulations 2017, doctors in Malaysia are required to have professional indemnity insurance and attend educational courses to improve their skills before they can renew their yearly practicing certificates.
Soon, professional indemnity insurance will no longer be a choice for doctors and other medical professionals Read: Medical practitioners to comply with compulsory indemnity insurance
It can happen anywhere and anytime
Despite accurate statistics on medical malpractice or negligence claims in Malaysia being unavailable, various studies have been conducted to show an upward trend. The rise of high-profile malpractice cases along with the quick spurt in the amount of insurance premium paid by doctors has been a strong indicator too.
After all, an act of negligence or an error in judgment can occur anywhere. Whether during consultation, diagnosis, treatment or post-care, medical professionals tend to face the brunt of consequences arising from such claims. With people becoming increasingly aware of their rights as patients, the floodgates have opened – as more and more doctors are taken to the woodshed because of unexpected lawsuits.
Better to safeguard specialists than be sorry
Although all doctors face the threat of being sued for medical malpractice or negligence, those in speciality fields are exposed to bigger and more frequent risks. Surveys across the world have shown oncologists, obstetricians, gynaecologists and women’s health specialists to be in the top layer of those needing professional indemnity insurance.
According to reputed sources, “the highest recorded claims paid out in the OBG-GY field ranged from RM5 million to RM6 million”.
Some of the reasons for the many lawsuits faced by specialists
- Failure to diagnose
- Delayed diagnosis
- Surgery-related complications
- Poor progression of the illness
- Failure to treat
- Delayed care
- Wrongful death
There’s just no settling down
As the Malaysian government continues to advise the healthcare industry about the criticality of professional indemnity insurance, it is crucial for doctors and other medical professionals to get proactive about purchasing the right insurance coverage.
Settling a claim, without the right coverage, can lead to disastrous results. In many cases, it is merely the beginning of the end!
What can happen after they settle
- Go bankrupt after being forced to settle huge claims
- Abandon their medical practice due to the legal stress
- Stagnate their career due to poor reputation
- Deal with personal issues due to social standing
Furthermore, the evolution of medical technology has played a vital role in reducing the potential risks faced by patients, doctors and hospital management. However, there may also be a need to address medical negligence cases that occur because of technology failure.
In today’s unpredictable age, speed and simplicity are not just the expectations of customers in industries such as Banking, Travel and Hospitality and Retail. In the Healthcare industry, it is just as quick and easy for someone to file a lawsuit. Hence, only by safeguarding themselves against claims of medical negligence or malpractice can doctors and other medical professionals keep their personal and professional lives on track.
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