Malpractice suits may end up in few doctors

The Philippine Medical Association is undergoing "emotional pains" over the possibility that House Bill No. 4955 (The Malpractice Bill) is approved. The doctors may be in need of treatment themselves.

The bill seeks "to ensure the safety of and well-being of patients by providing them with professional medical care."

But the doctors believe that the penalties asked by the bill will result in higher medical and hospital costs for the patients.

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The bill, authored by Oscar Rodriguez of Pampanga, penalizes any medical practitioner who performs any act constituting medical malpractice or the illegal practice of surgery by imprisonment by prision mayor or fine or both, and, in all instances, the cancellation of his license to practice medicine.

The fine ranges from P500,000 to P1-million.

Certain circumstances shall aggravate the crime of malpractice, namely, allowing "motives of profit to influence the free and independent exercise of professional judgement on behalf of patients" and "conscious infliction of harm to an unknowing patient with the malicious intent of profiting from such act."

Circumstances warranting additional awards include when the patient becomes insane or suffers any psychological damage by reason of malpractice, when the patient dies by reason or occasion of malpractice, and the patient suffers from physical disfigurement or permanent disability by reason of malpractice.

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From the vantage point of doctors, the malpractice bill will result in insurance costs for doctors. If any one of them violates a provision of the bill – if it is passed – he will be penalized from P500,000 to P1-million.

Which means he has to pay insurance premiums to pay for the malpractice suit year after year after year. So who benefits from the passage of the bill?

The insurance companies and the bill lobbyists.

The bill’s title – "An Act Punishing The Malpractice of Any Medical Practitioner in the Philippines and for Other Purposes" has "negative implications," says Dr. Phoebe Lim-Catipon of the Philippine Medical Society and one of the most respected ophthalmologists in the country.

Dr. Catipon says: "One can’t correct a wrong by another wrong. The medical profession, absolutely wants to ensure the safety of and well-being of patients by providing them with excellent professional medical care. If this were the purpose of this bill, it does not project this noble intention nor will it be ensured by the passage of this bill. We medical practitioners ourselves, condemn all forms of malpractice because these will destroy the integrity and honor of the medical profession and become detrimental to the health of our people."

Why are medical practitioners against the bill? Says Dr. Catipon: "In truth this is against the already harassed common tao and against our strong sense of justice. Why is it anti-poor? It will further burden our citizenry, especially the poorest of the poor. In the United States where there is a malpractice law, it is so very expensive to get medical help, especially if one has no insurance. However, the US government and the insurance firms pay for medical costs.

"Here in the Philippines. the government (Philhealth) pays less than 50 per cent of hospital costs. The rest of the expense is out-of-pocket expense. The hospital and doctor will secure malpractice insurance for their own protection if this bill is passed, but the insurance expenses will further burden the poor since this expense will be passed on to the patients or to the government.

In the United States where there is a malpractice law, professional fees range in the equivalent of P2,000 to P5,000. If you add the cost of insurance premium to the actual cost of medical expense and hospitalization, the figure will escalate to the level of the costs in the United States. God forbid! Most of our Filipino doctors in the provinces have a lower rate, much lower than the rate of a plumber or electrician.

"Have you ever wondered why there are many doctors taking nursing now? So they can leave for abroad because their meager earnings are not enough for food and education for their children. There are the very doctors who are serving our poor countrymen, especially the poorest of the poor. These are the very doctors who are serving our poor countrymen, especially the poorest of the poor. These are the doctors who go on medical missions and offer free clinics. If the malpractice law is enforced, most of them won‚t be able to afford to pay insurance premiums, especially our doctors in government service. Who will pay their insurance premiums? Our government can‚t afford to pay them because it is cash-strapped. The government can hardly equip its hospitals. So what will happen? The doctors will just resign and go somewhere else where they can survive. So who will look after the health care of our people?

"How much will malpractice insurance yearly premium cost? In the United States, it ranges from $20,000 to $100,000 or P1000,000 to P5,000,000. If the malpractice bill is passed, the hospitals and doctors will be constrained to get this insurance. Those who can afford will certainly pass this on to the patients. Will our overburdened common tao afford this? It is the poor who will suffer the consequences of this kind of law."

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ON ANOTHER FRONT. Make sure you visit the First Organic Harvest Festival on the 4th floor of Robinson’s, Ortigas. The concept of a trade exhibit is fantastic. And there are lots of goods to buy ˆ all organic, from food to drinks to fabrics. Thanks to the Organic Producers and Traders Association of the Philippines president, Lina Tan, and the OPTA board members – the festival is a great success.