Kathmandu. With the formation and activism of the consumer court, both the hospital operators and doctors have become worried after the action with the high penalty for negligence in the treatment of the patients.
Medical workers have started complaining that the court’s action has created an atmosphere of insecurity, saying that there is no reliable basis to determine whether the incident occurred due to the negligence of the doctors or the hospital management or while treating the patient during the treatment of a complex disease.
The consumer court has already imposed a fine of Rs 25.9 million on the victim’s side by imposing a fine of Rs 25.9 million against the hospital and the doctor in three verdicts from June 28 to June 30. In other cases pending in the court, there is a possibility of a court verdict in favor of the patient.
In such a situation, doctors have started to feel the lack of policy arrangements along with legal remedies.
Doctors are engaged in legal consultations on whether the court can hear the case related to the negligence of doctors and hospitals.
Consumers can claim compensation through consumer courts under the Consumer Protection Act, 2075 for compensation against negligence in treatment. The consumer court has paved the way for speedy justice to the victims against the damage caused due to the negligence of the hospitals and medical staff involved in the treatment.
This judicial system has created pressure to hold the hospital management and medical personnel involved in the treatment accountable when consumers become aware of the court’s activism and action.
There is a lack of transparency and accountability in the medical sector in Nepal. Action against consumer courts against cheating consumers in the guise of unnecessary checking and treatment in private hospitals is yet to come to light in the future.
It is not possible to ensure that every treatment done by a doctor is successful. There is a risk that consumer courts may not fully understand such complexities. It may be difficult for a consumer court to accurately assess whether the health workers involved in the treatment made a mistake intentionally or unknowingly.
Dr Amit Jha has expressed apprehension that the court would properly ascertain whether there was negligence during treatment as such an expert was not available with the consumer court even though an expert committee was required in the case of medical negligence.
The need for medical negligence insurance has been felt in Nepal as cases of medical negligence are increasing and consumer courts are punishing them. The practice of medical negligence (medical goods practice) is still negligible in Nepal.
Such insurance facility is available in other developed countries including India. This policy bears the loss of damage caused to the patient due to negligence in the course of treatment and keeps the doctor free from fear.
Medical negligence insurance also covers the expenses incurred to deal with legal hassles caused by medical negligence.
Although it is justified to ensure the rights and accountability of the patients by bringing doctors under the consumer court, the concerned doctors have suggested that this process should be balanced keeping in mind the complexity of the medical sector and the financial condition of the doctors.
Medical negligence insurance is available to medical personnel and health institutions registered with the Nepal Medical Council, The Ministry of Health or the empowered bodies of registration and regulation of health institutions. This policy compensates the insured in the event that any legal liability has been created towards a third party by any action taken by the insured. Under the insured, the risk of hospitals, doctors, all types of human resources directly involved in the treatment is borne. Under normal circumstances, all claims for compensation must be legally established by the court.
The limit of compensation given under the policy for any one accident or any one year (per accident, per insurance year) shall be the same. Medical practitioners covered under medical negligence insurance are classified as follows:
1) Doctors, 2) Pathologists, 3) Oncologists, 4) Cardiologists, 5) Psychiatrists, 6) Radiologists or Roentgenologists, 7) General Surgeons, 8) Plastic Surgeons, 9) Orthopedic Surgeons, 10) Urologists, 11) Abdominal Surgeons, 12) Thoracic Surgeons, 13) Neurosurgeons, 14) Cardio-Vascular Surgeons, 15) Orthopaedic Surgeons, 15) Ophthalmologists, 15) Ophthalmologists, 15) Ophthalmologists, 15) Ophthalmologists, 15) Ophthalmologists. 20) Doctors and non-specialist surgeons.
Under this insurance, the insurer will not bear the claim of damage during the treatment of criminal work, services provided under the influence of drugs or drugs, third party public liability, claim under cosmetic plastic surgery, hair transplant, punch graft, flap rotation, etc.
