DO'S FOR DOCTORS
- Accept the changes and challenges in the practice of medicine.
- Do right things, have a clear conscience.
- Communicate in compassionate and sensitive way.
- Listen attentively, look carefully and always face the patient.
- Finances and Bills should be explained properly.
- Maintain proper records including refusals.
- Attend regularly and personally, whether a patient or a case in CPA.
- Take due cognizance and reply in time Inform the Insurance Company. Get an indemnity policy. Continue follow-up treatment of the patient
- Take the help of a legal, medico-legal expert while filing the reply.
- Produce affidavits of colleagues and ask for expert witness whenever necessary. Give references relevant to case and demand cross examination.
- Try to explain any misunderstanding or misrepresentation by giving proper examples. Queries must be solved.
- Ask for counter compensation.
- Update not only your knowledge and skill but also that your staff. Update the facilities and instruments. Attend workshops, conferences, CMEs etc.
- Stay calm; avoid surprises, anger, panic and self doubt.
- Be aware of the so-called "social workers" and "ambulance chaser advocates".
- Inform Police whenever necessary.
- Extend all possible co-operations to the Police.
- Furnish copies of medical records to Police, court or relatives whenever demanded. Consent of patient may be taken while providing information to Police.
- Follow the legal procedures or provisions.
- Have a valid informed consent for the treatment.
- Preserve the documents, records especially in medico-legal, controversial or complicated cases. Give guarded prognosis.
- Adjust the doses of drugs according to weight especially in children with renal/hepatic disorders.
- Advice pathological, radiological tests in writing.
- Insist for post-mortem examination if the cause of death can't be ascertained.
- Involve medical associations, medico-legal cells, voluntary organizations etc., whenever legal problem arises.
- Consult your Lawyer before giving any reply.
- Record the history of drug allergy.
- If the patient was examined hurriedly, ask him to come for review next day.
- If the diagnosis is not confirmed, mention "diagnosis under review".
- Avoid vague, non-specific terminologies or short forms.
- Explain treatment modalities whenever required especially in complicated cases.
- Give/write instructions in comprehensive local language.
- In case of any deviation from standard practice, mention the reasons.
- When you are not sure, consult your senior, colleague or specialist.
- Refer to higher center whenever necessary.
DONT'S FOR DOCTORS
- Ignore or disrespect the courts.
- Neglect our duties as doctor.
- Volunteer to handover the documents unless specifically asked for.
- Rely entirely on your Advocates.
- Give unnecessary details.
- Get panicky or frightened simply because there is case in Consumer Forum.
- Use vague or non-specific terminology.
- Behave in a rude, rough or inhuman manner.
- Avoid communicating with patients or relatives.
- Hesitate in consulting your Senior or colleagues especially in difficult cases.
- Over-prescribe or under-prescribe. Don't prescribe with out examining the patient. Don't accept substitutes.
- Exceed your level of competence or field of specialization. Don't be overconfident.
- Talk loose about your colleagues, may be you would have done same thing at that moment making an error of judgment. You never know under what circumstances this had happened.
- Manipulate or tamper with the documents.
- Do unlawful or unethical acts.
- Experiment with patients.
- Issue false or bogus certificates. Certificate was issued on request is no defense.
- Neglect the treatment while completing legal formalities especially in serious or emergency situation. Don't allow modern diagnostic tests to substitute your clinical acumen.
- Over investigate.
- Prescribe multiple drugs, i.e., "shotgun therapy".
DOCTORS
- Being a part of a big industry, doctors are always expected to work within a legal format cases.
- Doctors are expected to keep self updated with all the advances or developments in their field.
- They are prone to number of cases, under many laws and acts which government brings time to time to track down the illegal movements in any industry.
- With the spread of literacy and growth of general awareness about health related matters among the masses, there has been an increase in the number of cases taken to the court.
- This change is fast gaining ground in developing countries and fastest in India. Around 1 Lac matters are pending in the form of different cases all over India. It is the rise of such incidents that has induced fear among the doctors.
- Rather than immediately proceeding to the prescription, the doctors have prolonged the process of diagnosis by involving people of different specialties and administering a series of tests.
- The fear of law has begun to affect the professional lives of Doctors.