Anti Dumping

 

Escaping the Shadow of Medical Malpractice

 

by Pi Legal Consultancy

 

1.Introduction

Escaping the Shadow of Medical Malpractice has been the worst challenge facing the healthcare system over the years. This article examines five steps to overcome the stress of medical malpractice litigation. In this regard, this paper is designed as a handbook for handling unnecessary lawsuits against healthcare providers.

2.What are the most common malpractice types in Turkey?

Only a timely and proper diagnosis is capable of saving life. Though, it is not always easy for doctors to understand and apply binding medical rules and ethical occupational requirements.  The lack of knowledge about such rules, the lack of awareness in such requirements and negligent practices give rise to medical mistakes. It is unfortunate to stress that four main below-mentioned malpractice types still happen in Turkey:

-misdiagnosis, inappropriate treatment, maltreatment,  or treatment failure,

-delayed treatment,

-wrong medication, prescription and/or medication failure in dosage or type of the medicine,

-surgical mistakes or wrong medical interventions.

Such medical errors may require the accountability of medical specialists. A long-lasting and complex criminal and/or compensation lawsuits may arise out of every single above-mentioned situation.

3. What Are the Main Preventive Steps to Overcome Malpractice Cases?

There is no doubt that any wrongful or negligent medical act or action must be subject to judicial review. Patients’ safety must be the first priority. However,  as for medical staff, it is also critical to guarantee the right of presumption of innocence and the right not to be labeled against false reports or the right to good reputation. Weak or insufficient occupational guarantees may have a detrimental impact upon the performance and capacities of doctors. Unnecessary legal proceedings causes time-consuming, extensive stress, and damage to reputation.

Accordingly, “better safe than sorry” is very significant. There are 5 strategies to handle preventable malpractice cases against healthcare providers. These on-the-ground strategies may lead to doctors minimizing the risk of medical malpractice due to unsafe or mistaken medical care.

1.Build a close relationship with patients and their families

Lack of communication or poor communication between patients and healthcare providers has been a matter of concern for malpractice. Good listening and constructive dialogue play a vital role in the observation and understanding of a patient's medical problems. It will pave the way for the right cure. Healthcare specialists should inform patients or their families about all potential or existing problems, challenges or risks and existing and ongoing steps.

Constant doctor-patient communication and exchange of ideas with other medical personnel inside and outside of the relevant hospital is necessary. 

It is also considerable that the patient’s appointment calendar (existing or follow-up appointments), situation and every serious medical intervention in hospitalized patients is supported by appropriate documentation at every stage.

2.Provide technical and supporting documentation  

Nevertheless, keeping in mind the time constraint, avoid unnecessary documentation and bureaucracy.

If required,  written consent is useful for serious medical operations or surgeries.

3. Improve the Capacity of Medical Equipments and Facilities

Medical equipment and medical facilities including the building of hospitals should be sufficient in serving good treatment and diagnosis opportunities. Healthcare practitioners need a safe and comfortable environment in providing safe cures for patients.  

   4.Make an arrangement with an insurance company on a potential medical malpractice case

The price of malpractice insurance may vary dramatically. Make sure that insurance plans and policy cover compensation. 

 

4. Conclusion

Of course national authorities should examine carefully heart-wrenching stories due to unsafe medical care. Besides, medical liability works through an effective administrative or judicial investigation. More actions needs to be taken for escaping the shadow of medical malpracice

Having said that, we should evaluate both sides of the same coin. Accordingly, this article seeks the preventability of malpractice cases. The establishment of qualitative communication, consistent recording of serious medical steps, the extension of capacity of medical facilities and medical equipment, and the selection of a proper insurance policy play a vital role in preventing medical malpractice.  

4.1. What is needed more for more preventive measures with a view to escaping the shadow of medical malpractice

Moreover, healthcare legal frameworks include detailed norms and various principles. An extensive legal assistance is very significant in understanding and implementing legal medical rules. Healthcare providers also need clinical practice guidelines aiming at taking preventive actions in malpractice.

  

 Pi Legal Consultancy is an international law firm based in Ankara (Turkey) that offers legal consultancy and advocacy. We deliver legal services in key legal areas, among others, healthcare, real estate, citizenship, corporate governance, banking and finance, energy and mining, mergers and acquisitions.