Medical Malpractice Bill: Boost or Bomb to People’s Health?

A bill seeking to penalize erring physicians has placed the health profession in the limelight.  A group of health professionals however cautioned that while they welcome the bill as a wake-up call for members of the sector, it could also mean bigger medical expenses for the poor.

By BULATLAT.COM

The Health Alliance for Democracy (HEAD) said it welcomes discussions on House Bill 4955 entitled Medical Malpractice Act of 2002 and proposed by Rep. Oscar Rodriguez.

 “We take this issue as a wake up call for the members of the health profession and the government to look into what plagues our medical practice for the people,” said Dr. Reynaldo Lesaca, Jr., HEAD president, over the weekend,  “We believe in quality, affordable and accessible health care for all. We sympathize with patients who have had bad and sad experiences while undergoing treatment.”

Caution

HEAD however asserted that the number of complaints is small, compared to the many effective physicians and health caregivers all over the country “who have continued to put their patients welfare above all and despite problems in health care delivery.”

It urged, “Let not the discussions of the Medical Malpractice Bill be a purview to unwarranted medical witch-hunting.”

The group also warned that the proposed penalties under the bill, such as fines, imprisonment and cancellation of licenses, will push doctors to practice “defensive medicine.”  The doctors may require more laboratory tests and other diagnostic examinations to rule out illnesses under the guise of comprehensive care because of fear of a malpractice suit. According to HEAD, this would inevitably redound to more expensive fees shouldered by the patient.

Health care problem

The group pointed out the serious problem of deteriorating health care in the country. 

 “Health care in the Philippines is highly private and expensive. Private hospitals outnumber their public counterparts by a ratio of 2:1. Yet, 80-90 percent of Filipinos flock to government hospitals for subsidized health care, resulting in overcrowding and occupancy rates of 150 to 200 percent.”

In government hospitals, doctors reportedly work for 36-72 hours. The nurse-patient ratio meanwhile is 1:60-80, a far cry from the ideal standard of 1:15.

In addition, they grapple with the lack and inadequacy of facilities and equipment. These are the health personnel more prone to medical errors. Very vulnerable to understandably irate patients, these dedicated and hard working health professionals may be slapped with the proposed malpractice law.

Government malpractice

HEAD charged that by not giving public health care system the attention and budgetary allocation it deserves, the government is doing the greatest malpractice.

 “Ever since, government has intended private institutions to fill the need for hospital and health care services that it could not meet. Despite the laudable efforts of private institutions, they generally tag their services with profits and cost recovery in their minds.  The government has failed to regulate the private health care system, resulting in highly-charged fees for professional service and hospitalization,” Lesaca stated,

He observed that medical and paramedical education is mainly private and commercialized.  “The high cost of medical education…practically delivers the health care system to an elite group of physicians and health care givers who have collectively spent millions getting a license to practice and are now in a position to make their investment pay off.”

In addition, health schools that lack adequate faculty and facility are allegedly allowed to operate, producing substandard graduates.

Said Lesaca, “Health should be for the public good, not a commodity for profit. Health-care giving should empower the people and further humanize the doctors and caregivers. Any form of regulation by the state or self-regulation is welcome only if it redounds to better people’s health.” Bulatlat.com

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