The best approach to medico-legal concerns in the physicians' office is to take timely steps to avoid it. 

The purpose of this article is to simply lay down direct and precise pointers that can be easily followed by healthcare professionals and establishments in order to avoid litigation and mitigate risk. This article in no manner presumes to be a substitute for legal advice and it is highly advisable to take professional legal advice as and when deemed fit. It is also highly advisable to specifically undertake the counsel of medico-legal consultants.

Following are the pointers –

1. Ensure that the doctor-patient relationship is taken care of tactfully. Communication matters the most and therefore ensure that there are no unpleasant comments and casual remarks of indignation. Ensure that the patients “feel” cared for and the staff (nursing included) is sensitive to the patient’s pain. It is therefore helpful to monitor the behavior of junior staff, receptionists, cleaners and nursing staff and sensitive them. It is also beneficial and highly recommended to train the para-medical staff in communication skills. Ensure that you have one designated employee (perhaps a para-medical) who communicates with patients in difficult situations. Having more number of people tends to derail the communication.
2. Ensure that all of the patient’s queries are resolved by also offering them alternatives as well as a chance for second opinions wherever deemed fit. It is the patient’s right to understand the full implications of his/her condition along with proposed treatment, alternatives and possible risks and side effects.
3. It is beneficial to have a “grievance redressal cell” that would take care of the patient’s complaints then and there, in place of precipitating into a legal action.
4. Having the knowledge of medical ethics is advisable.
5. Proper documentation as to the date, time and history is essential. It is advisable to take the help of medico-legal consultants/professionals for implementing good practices of documentation.
6. Explaining the prognosis to the patient/relatives in comprehensible, easy to understand non-medical terms is important. The same should then be converted into writing and the signatures of the patients ought to be taken in order to properly document the same. It is advisable to take the help of medico-legal consultant/professionals for the drafting of these medico-legal documents.
7. Normally, a physician is required to maintain an indoor patient’s record for three years from the date of commencement of treatment in the standard proforma laid down in laid down by the Medical Council of India.
8. Ensure that the consent obtained is legally valid and encompasses the guidelines laid down by the Supreme Court in case of Sameera Kohli v. Dr. Prabha Manchanda
9. It is also highly advisable to have professional indemnity insurance since medical profession is now under the definition of “service” under the Consumer protection law. Ensure to take professional advice on choosing the best kind of indemnity insurance most suited for your practice.
10. It is also advisable to have an impeccable medical record as a bad record (history of complaints, cases, etc) works against the health care professional and is likely to be used to further question his / her credentials.

The above article is written by a medico-legal expert, Tejasvita Apte based in Pune.

Disclaimer- The information and views set out in this article are those of the author(s) and do not necessarily reflect the official opinion of M3 India. Neither M3 India nor any person acting on their behalf may be held responsible for the use which may be made of the information contained therein.