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Diagnosis and treatments are no longer the only processes that involve the practice of medicine. It seems that every day, doctors make new clinical decisions involving the diagnosis processes that can be subjected to legal and ethical challenges. When most doctors hear the phrase “medico-legal litigation”, they think of court litigation, filing notice, and the indefatigable grind of litigation. However, most doctors don’t realise that the closer he gets to understanding the discipline of medico-legal litigation, the closer he gets to understanding the legal aspects of medicine before the disputes arise. As Dr Vimal Kant Goyal, an eminent Medico-legal consultant in Delhi, states, in contemporary medical practice, the only way to protect oneself is through awareness.

Medico Legal Litigation, For the Most Part, Is Not Hard to Understand

Medico-legal litigation is when there is a legal dispute, of any kind, that centres around the practice of medicine. It could be medical negligence, no informed consent, breach of confidentiality, and/or professional misconduct. It can be taken to consumer courts, civil courts, criminal courts, and/or medical councils.

Most of the time, when a doctor gets sued, they try to analyse the case and provide a defence as to why there is no wrongdoing, but the truth is, there are multiple reasons why the case was brought to the courts, and not all of those reasons involve negligence.

What is Causing More and More Medico-Legal Cases

When patients go to hospitals and receive treatment, the way they think has changed a lot over time. They have a clear understanding of their rights, and this allows them to challenge the doctor's decisions. Some blame factors in legal litigation involving doctors include:

• Not enough talking to families and patients.
• Lack of enough legal talking to families and patients.
• Insufficient legal documentation.
• Delayed diagnosis and referrals.
• Patients do not understanding complications of treatment.

Dr Vimal Kant Goyal, a legal consultant in Delhi, says poor communication and legal documentation, rather than just treatment, are responsible for many such cases.

A Few Of The Most Common Legal Obstacles For Physicians

A big one is proving to the court that they took reasonable care. The court tries to see if another doctor would have done the same thing in that situation. Simply stating that a particular treatment failed is not enough to prove carelessness.

Poor documentation is another problem. If an explanation is lacking, and a physician, as a result of a “consent-taking” rush, has legal documentation to show that he/she has been in contact with a patient, they have in fact created a legal problem for themselves.

When there is an error by staff, physicians have it rough, too. The actions of a nurse, a technician, or other subordinated staff members may frequently be used to hold physicians or even the hospital accountable.

The Emotional and Professional Impact on the Doctor

Stress and scared feelings are obstacles doctors face every day. Emotions may alter the correct decisions to be made. When difficulties arise, tests are completed that may not be needed, and risky situations are avoided. These are some actions that defensive medicine may include.

Doctors have gained this knowledge from the practice of legal medicine from other professionals, such as Dr Vimal Kant Goyal. He has guided many physicians and provided the confidence that ethical medicine and legal medicine practice can exist together.

How Can Doctors Reduce Medico-Legal Risk

Doctors can attempt to reduce legal problems by doing the following:

• Be honest and open
• Informed consent is a process, and should be treated as such
• Document everything and ensure that it is clear and easy to read
• Stay in their lane
• Make appropriate referrals and do it early to avoid problems
• Supervise staff as necessary
• When in doubt, seek legal medicals advice

In working with a medico-legal consultant in Delhi, a physician can complete a practice audit, identify risk and unsafeguarded areas, and reinforce his or her systems and structures before gaps or problems arise.