TOP 30 MEDICO LEGAL TIPS FOR DOCTORS



TOP 30 MEDICO LEGAL TIPS FOR DOCTORS

For your safety, avoid these common pitfalls:

  1. Anaesthesia should be administered only by qualified anaesthetists and not by the surgeon themselves
  2. Insist on written proof of a specialist consultation instead of relying on the verbal statement of patient.
  3. Giving advice on telephone, messages and email should be avoided, except in case of grave emergencies.
  4. In case of an on-table complication or change of the agreed course of action during surgery, the surgeon/doctor must himself/herself inform the relatives and not communicate through a team member, anaesthetist, nurse or any other person.
  5. Short forms/abbreviations that are not universally accepted and are capable of being misinterpreted should be avoided.

 

You have right to refuse treatment when:

  1. The patient seeks discharge in the absence of the in-charge doctor or expresses lack of confidence in substitute doctor.
  2. The    patient        insists on      a        request        that   is       medically contraindicated.
  3. The patient is not willing to pay fees (admission can be withdrawn).
  4. Necessary   infrastructure        or      proper         consultants  are     not available.

Precautions while taking Consent

  1. One doctor, must fill consent form in one sitting, if possible without changing the pen.
  2. Different consent is required for anaesthesia and surgery.
  3. Consent must state name, dose and type of anaesthesia.
  4. In case of multiple procedural options, the patient’s consent must be taken for all options –different consent forms for different procedures.
  5. Separate consent must be taken for blood transfusion.
  6. If the patient is illiterate/not well versed in English, it is advisable to explain all information in a language known to the patient and get the consent form attested by an independent witness who understands the form.
  7. In case is doubt regarding patient’s capacity, it is advisable to take the signature of a near relative.
  8. Risk, benefit and alternative shall be explain and mention in consent form.
  9. Investigation reports must        always        be      in       writing except in emergencies.

Advice or Prescription

  1. Avoid asking a patient to purchase medicines, disposables, implants, etc. from a particular chemist/dealer only.
  2. Avoid referring patient to a facility/hospital, which can cause conflict of interest like your own private clinic.
  3. Standard instruction cards about pre- and post-intervention precautions should be issued in English or even local language.

Procedures, transfers and emergencies

  1. While transferring a patient, the sender must mention the reasons for transfer and condition during transfer while the receiver must record the condition on arrival.
  2. In case the doctor or Institute is not comfortable/competent in attending to an emergency patient, legal duty involves selecting a proper hospital/doctor for transfer, providing all facilities for transfer, providing proper care, and managing the patient during the transfer.
  3. In any emergency, procedural formalities must be put aside and patient must be provided treatment first.
  4. In case of difference in opinion with other doctor, the principal surgeon should personally remain present during the surgery.                                                                                                                                                                               Maintaining Records and Preventing Legal action
  5. When legal action is anticipated, doctor is advised to re-order test or seek opinion from another doctor/hospital/lab and document the second professional opinion/test result.
  6. It is mandatory to preserve the medical records of a deceased patient for a period of three years.
  7. It is advisable to send the dead body for post mortem rather than not sending it, if a medico legal problem is foreseen.
  8. In case the patient makes a request for his/her medical reports, it should be provided within 72 hours.
  9. In case of an act of violence, cite the Medicare Act:                                                                      In case of an act of violence, cite the Medicare Act:
  10. Any act of violence against doctors/hospital staff or any act of damage to a hospital/clinic is prohibited under the Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act.
  11. Sensitize your patients and their relatives about this Act by displaying the poster related to the Act in your Hospital/Clinic OPDs and waiting rooms – you can download the poster from medical protection act.
  12. In case of any act of violence against you, lodge an FIR with the nearest police station under the Medicare Act and not as physical assault Under this Act. 
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