Medical legal knowledge is urgently needed by healthcare practitioners and is not merely a option; it's a dire necessity.
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In a country where medical malpractice lawsuits have surged by an alarming 500% in the last decade, the Indian healthcare sector is walking on a legal tightrope.
The Challenges
Legal Complexity
India's healthcare system is web of laws and constitution, ranging from the Medical Termination of Pregnancy Act to the Clinical Establishments Act and new 2023 guideline of National Medical Commission (NMC). A single misstep, like advertising, improper patient documentation or failure to obtain proper informed consent, can lead to devastating legal consequences. The stakes are high, and ignorance of law is not an excuse as the law principle maxim Ignorantia Juris Non Excusa
Ethical Dilemmas
The line between ethical obligations and legal duties is not very clear. For example, the ethical dilemma of end-of-life care. While your moral compass may guide you one way, the Indian legal system may dictate another. The absence of a comprehensive understanding of medical law can lead to terrible outcomes.
Medical Tourism and Global Differences
International rules and regulations are becoming more and more relevant to Indian healthcare practitioners in an era of medical tourism and international cooperation. The lack of a global perspective can lead to legal complications which may have international repercussions. Ignorance of the law may also affect international partnerships and accreditations, thereby limiting growth opportunities.
The Consequences
Legal Repercussions
The Indian judiciary is well known for its prolonged legal processes. A malpractice or negligence lawsuit can drag on for years. It leads to draining financial resources and causing emotional turmoil. The loss of medical license is a real possibility as authorities may take the stand that case is sub judice and license is suspended till case is decided. In such cases the repercussions are irreversible.
Reputational Risk
In the age of digital media, your reputation is only as good as your last Google search. A single legal mishappening may lead to a viral social media post. The consequences is causing irreparable damage to your professional standing and personal dignity. Legal issues, especially those involving healthcare, are often sensationalized. They attract immediate attention and are more likely to go viral.
Once a story goes viral, you lose control over the narrative. It becomes subject to public opinion, which is often formed without full knowledge of the facts.
Financial Burden
Legal cases are not just limited to lawyer fees and court costs. The financial implications may extend to potential penalties and heavy compensations. The costs may also involve in terms of re-establishing a tarnished reputation which includes advertising and reparative actions. In a worst-case scenario, one could be looking at financial disaster with such expenses and less patient inflow due to damaged reputation.
How Healthcare Professionals can learn Medical Law:
International Medical Board of Business Skills established in London by Dr. Arvinder Singh of Rajasthan is specially designed to impart training to healthcare professionals. It is with vision and mission of equipping doctors and healthcare professionals with skills needed to be competitive and having an extra edge over others.
In India Medical law will be taught by same board providing international certification along with insights about Indian legal system in relation to doctors and healthcare professionals.
Dr. Arvinder Singh holds degrees in MBBS, MD, and MBA from IIM, LLB and Certificate of Oxford (UK). He is double world record holder, TEDx Speaker medical entrepreneur and coach. He is classified among top 50 global influencer by American CrunchBase rating agency. Dr. Singh is CMD and CEO of Arth group and having vast experience in corporate and entrepreneurship.
Dr. Arvinder Singh says that legal landscape of Indian healthcare is not just complex; it is road with pitfalls that can end careers and destroy reputations. The time for complacency is over. Equip yourself with the legal expertise you need to protect yourself and your practice.
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