Feb 03, 2022 / by Jayata Sharma / No Comments

The NATHEALTH Expert Speak Series is being organized exclusively for NATHEALTH members. It is an initiative to increase NATHEALTH member engagement; enhance skills; and increase awareness on specific industry issues especially affecting Tier 2-3 cities.   

Key takeaways from the webinar on Managing Medico Legal Cases: Challenges and Mitigation :
  • The Supreme Court way back in 2005 has recommended for chain amending the statutory rules and executed instructions, which should be incorporating these safeguards against the police action. But the government of India has not come out with any kind of a statutory rule or guideline which has been recommended by the Supreme Court if NATHEALTH can give a representation to the Government of India, citing this judgment, saying that these are the recommendation of Supreme Court of India and these needs to become out in the form of a statutory rule, this will go a long way.
  • To solve the matters before them reaching the court, the following methods can be implemented:
    • Hospitals and doctors and other stakeholders need to create awareness about how things will pan out, how things work, what services are being offered, what is expected of us and what is expected of a patient.
    • A specialized body or a specialized set of professional mediators who can sit across and try and settle this before it goes out and the court is dragged one way or the other.
    • There should be specialized legislation dealing with these situations. And it should not be left to the general body of jurisprudence, which has started by saying that everything needs to be tackled in a similar way.
  • Organizations like NATHEALTH should make representations with the government on a time to time basis and engage with the government because the inputs received will be from the expert bodies or stakeholders, and not from the bureaucracy.
  • Doctors should be ready to treat digital patients and have strict rules around the use of electronic devices while the doctors/hospitals are providing consultations.
  • Doctors/Hospitals should avoid making a commitment to their patients or a disclaimer can be drafted by professionals which can be used by the doctors.
  • The legal team will share a list of orders in favour of hospitals that can be kept at the reception for each hospital.