Medicine is an honorable profession and the job entails assisting people who are suffering from health problems where it might be a life or death situation in some situations. A doctor can, however, make errors and these are mostly inadvertent and occasionally caused by neglect.
A patient may die or experience difficulties or problems from the medical treatment and in such cases, the doctor may be held liable by the patient or his or her family. As a result of the compensation claims, the doctor or the hospital may incur financial hardship.
Bringing a medical negligence suit is relatively simple, many patients are doing so. However, it’s difficult, costly, and time-consuming for doctors to follow up on these suits.
This is where medical indemnity insurance becomes critical at this point. It covers the lawsuit costs, and in some situations, the insurance will also provide legal help and even if it is ruled that the defendant doctor was guilty of a negligent act, he or she will be compensated.
Some of the Medical Negligence Cases in Malaysia
Malaysia has a fairly good record when it comes to medical negligence cases. In fact, out of all the countries in Southeast Asia, Malaysia has one of the lowest rates of such cases. Yet, this does not mean that there have never been any instances of medical negligence in Malaysia.
RM45 Million Suit Over Wrong Cancer Diagnosis
A lawyer is suing three private hospitals for allegedly diagnosing his left kidney with cancer when it was later proven to be healthy. In three separate negligence actions against the hospitals and eight doctors who diagnosed him, he is seeking almost RM45 million in damages.
The lawyer who filed the summons in the High Court recently claimed that the three hospitals had rushed to the conclusion that his kidney was cancerous and needed to be removed right away although there was nothing wrong.
He stated he was lucky he didn’t accept their advice to have his kidney removed because a nephrologist at a different private hospital told him he didn’t have cancer.
Court Awards a Youngster RM2.78 Million
The High Court granted RM2.78 million in damages to a girl in a claim against the government, a hospital, and 28 medical practitioners for negligence. The Judicial Commissioner ordered the money to be paid to her parents, who functioned as the child’s trustees.
The youngster had suffered significant and permanent brain damage as a result of the defendants’ negligence, according to the statement of claim.
According to her counsel, the amount was awarded after the court heard testimony on the quantum of losses from the parents and three medical specialists. According to her counsel also, the government, hospital, and all accused admitted to medical negligence.
Indemnity Insurance for Covering Medical Negligence Claims
Medical practitioners, like everyone else, are fallible and can make mistakes and it is not their goal as a professional to harm their patients. However, scenarios may arise in which a critical decision might result in the patient’s loss.
This makes them accountable for the full loss, or a portion of the loss, sustained by the patient as a medical practitioner. As professionals, one or two bad actions should not have an impact on their medical profession.
Medical indemnity insurance helps a variety of medical practitioners and institutions against medical negligence suits, which sometimes have a financial impact. Even though only a portion of them have been found guilty, the rest still had to pay for their own defense.
The purpose of medical indemnity insurance is to cover these costs without putting a dent in their wallet. It’s also vital to note that if the covered doctor is found guilty of criminal wrongdoing or purposeful carelessness, the insurance coverage will be revoked.
Occasionally, an adverse decision from the Malaysian Medical Council can be just as devastating to the reputation. To ensure that medical professionals’ rights are protected, some medical indemnity insurance covers the cost of legal counsel during the inquiry.
In the event of surgical mishaps, there is no way to calculate an acceptable punishment and the price might be exceedingly high at times. Hence, in the case of a lawsuit, the medical professionals will require specialized insurance to support themselves financially.
Factors Affecting the Price of Medical Indemnity Insurance
The price to pay for insurance will be determined by factors such as the occupation, claims history, and yearly turnover, to mention a few. Medicine as a high-risk occupation pays more premiums compared to other lower-risk occupations.
The premium will also differ depending on the insurance solution provider due to the market competitiveness. Finding a dependable provider that has great prices and can supply the correct level of coverage is critical when it comes to medical indemnity insurance.
Indemnity Insurance for Health Care Professional
It is evident that medical negligence cases are increasing in Malaysia. This can be attributed to various reasons such as the increase of hospitals and clinics, the lack of experienced doctors, and also patients becoming more aware of their rights.
To protect yourself from any potential medical negligence claims, it is important to have medical indemnity insurance. This will help to cover the costs associated with any legal proceedings and also provide you with peace of mind knowing that you are protected.
Have you taken out indemnity insurance for covering medical negligence claims? If not, we suggest you do so now by contacting us at Han Han before it’s too late.