The bitter pill of medical malpractice

Medical malpractice undoubtedly is a bitter pill for people who have had the misfortune to experience it.

By the reckoning of the Professional Regulations Commission (PRC), there are some 600 doctors involved in recorded malpractice cases. Given that a doctor sees at least 10 patients daily five times a week, the number of people who are put to risk is sizeable.

The number of filed complaints, however, indicate a low incidence ratio. But just because statistics show that there is only one maimed or lost life for every three million patients is no justification for all of us to be less bothered.

To call attention to these cases of gross negligence, Congressman Oscar S. Rodriguez filed the proposed Medical Malpractice Act of 2002. According to Congressman Rodriguez, victims of various cases of gross negligence are pushing for a specific legislative act to penalize that portion of the medical profession responsible for harming rather than curing patients.

Essentially, the bill would provide assistance to patients seeking redress by relying on a panel of experts to give its opinion on cases of gross negligence and subsequently decide on the extent of punishment in cases found to be criminally liable.

Under the current system, victims find it very difficult to obtain justice because doctors, understandably, do not want to testify against their colleagues.

Doctors found guilty of malpractice will be punishable with imprisonment of as long as 12 years, have their licenses cancelled and face a fine of as much as P1 million.

Doctoring without sanctions

Medical practitioners, as a result, are up in arms. It seems that they are not taking this issue lightly. As a result, the proposed Medical Malpractice Act of 2002 is facing rough sailing in the congressional halls. According to my e-bugs (informers), the strong lobby has been so successful that one of the co-authors of the bill, Congressman Constantino Jaraula, formally withdrew his support.

It is particularly both amusing and alarming to hear Congressman Prospero Nograles, an oppositor, as saying: "This bill would kill the entire medical industry." It looks like the good congressman is more concerned about the medical industry being killed rather than the patients who die or are maimed by gross negligence of irresponsible medical practitioners.

Also opposing is the Philippine College of Physicians, saying that passage of the bill would lead to higher medical costs. At the same time, they claim there’s no assurance of quality medical care once the measure is passed.

In essence, the medical profession says they would be put on the defensive with the proposed malpractice bill. Physicians will resort to more diagnostics and testing before any treatment and prescription is written down. Doctors, in trying to protect themselves, will take on added insurance to protect themselves from liabilities. The emphasis of the practitioners would be to avoid getting sued and perhaps imprisoned rather than curing the patient.

To wrap up their argument against the bill, our friends from the medical industry (you have to be friendly with doctors, you know) are one in saying that all this–more diagnostics and added insurance fees–will undoubtedly find its way into the patient’s bill. So if you think doctors are already over-charging their patients, you could suffer from a heart attack if the law is passed.

Malpractice vs. misjudgment

Protecting health and life is without doubt of paramount importance. Thus, our venerable brothers who took the noble Oath of Hippocrates should realize that there is a world of difference between the two words "malpractice" and "misjudgment."

Malpractice is a word fraught with so much history. It assumes that the practicing physician is incompetent, perhaps having learned little while in school or as an intern. And worse, not equipped with adequate knowledge and skills, was able to pass the licensure examination through insidious and anomalous means. The word connotes continued negligence, deceit, and total ineptness.

On the other hand, a doctor who has misjudged the treatment of his patient for a myriad number of reasons, mostly not within his/her control, should not to be assessed with as much vehemence. Thus, as long as our medical practitioners remain professional and competent in the conduct of their business, they should fear little.

The medical malpractice bill, therefore, should be seen more as a deterrent against the wolves that don the mantle of healing rather than a censure of the whole profession.

Addressing health care issues

Deliberations on the proposed malpractice bill should also open the eyes of our legislators and policy makers to a number of possible options towards improving health care delivery in the Philippines.

It goes without saying that quality health care comes with a price. According to the World Health Organization (WHO), at least five percent of a country’s budget should be allotted for health care. The Philippines, sadly, appropriates only three percent to the well being of Filipinos, the bulk going to debt servicing, military modernization and education.

Looking at how our national budget is prioritized, cynics would comment that a modern military and a good educational system is inconsequential if more than a third of its population is dying due to poor health care.

A higher budget for health care should not only mean better salaries for doctors and nurses or more medicines and state-of-the-art equipment, but also a more defined drive to encouraging our population to stay healthy through improved nutrition and lifestyles.

Medical schools have a role to play in graduating only qualified physicians. Likewise, doctors must give the same degree of importance both to preventing illness and to treating sickness.

There is no excuse for medical malpractice. The value of life cannot be measured through statistics or cost. Let us have a law that clearly identifies medical malpractices, and facilitates the weeding out of misfits and irresponsible individuals in the ranks of our medical practitioners.

But let us not stop here. This is, after all, just only one step towards comprehensively addressing the health care issues of the country. Needless to say, a healthy population is the first step to a healthy nation.

'IPPs—Heroes or Villains' on IBC 13

We will discuss next week on the IBC 13 News segment "Isyung Kalakalan at iba pa" the topic of "IPPs—Heroes or Villains." Catch it at 5 pm or 10:30 pm, Monday to Friday.

Should you wish to share any insights, write me at Link Edge, 4th Floor, 156 Valero Street, Salcedo Village, 1227 Makati City. Or e-mail me at [email protected]. If you wish to view the previous columns or telecasts of "Isyung Kalakalan at iba pa," you may visit my website at http://bizlinks.linkedge.biz.