Who pays damages if malpractice is proven?
Insurance company steps in subject to conditions
Dubai: If the heath regulator finds negligence or malpractice in the treatment provided by a doctor, the patient can approach the local courts claiming appropriate compensation (damages), following which the insurance company, subject to conditions, will step in and indemnify the doctor as well as the health care facility.
Explaining the modalities of malpractice insurance, Dr Sherbaz Bichu, CEO, Aster Hospitals, said, “Malpractice Insurance is intended to take care of you when your doctor makes a mistake in the diagnosis of your illness, or fails to give appropriate medication or treatment required for your illness. The term “negligence” is to be proved at health regulatory authorities, for an unsatisfied patient to lodge civil claim against a doctor or health facility.”
The most important thing is to be able to prove that your doctor has breached the standard related to your medical problem. Every health facility shall have enough coverage to meet the maximum number of claims in a year.
He said, “The most important thing is to be able to prove that your doctor has breached the standard related to your medical problem. Every health facility shall have enough coverage to meet the maximum number of claims in a year.”
He said usually, the employer takes insurance for their doctors, during the term of their employment. “There are no limits prescribed. This depends on the speciality and nature of complexity involved in their stream. In case of community based doctors, doctors themselves will take insurance coverage.”
“In most of the cases, the patient believes that such incidents are due to the error and misjudgement or misdiagnosis from the doctor,” he said, adding that there are often known procedural complications and miscommunication between patient and doctors.