Why is Doctor Malpractice Insurance Essential in Indonesia?

Liga Asuransi – Dear readers, how are you? May you always be in good health.

After we have discussed a lot about risk management and insurance in engineering, especially the project, now is the time for us to discuss another important topic: malpractice risk and insurance for doctors.

You should agree that every one of us has a risk due to health problems, infectious diseases, critical illness, or accidents, right?

And when experiencing health problems, the best way is to see a doctor at a health care center. The worse our health condition, the faster treatment is required.

Similarly, the more severe and complex the disease, the higher the expertise and means of treatment required. The higher the cost necessary.

Now try to imagine what happens if your disease worsens after undergoing treatment instead of getting better.  You may lose your vital organs due to the wrong treatment process. It can also end up losing your life.

In this situation, as a victim, you will ask the medical team to be responsible and sue them, especially doctors, for causing mental and physical harm to you. You may use legal experts (lawyers) to gain your rights.

Now change another way around. Let’s put your position as the doctor who committed the error that harmed his patients. You are asked to be responsible for that, and you can be sued and charged!

The number of demands put forward by the patient can be enormous. If the doctor is proven negligent and guilty, the doctor will suffer substantial financial losses.

Well, this time, we will be discussing the protection that every doctor needs to have so that they can be protected if they deliberately make mistakes that harm their patients.

In the following, we will discuss everything related to malpractice risk in the health sector. If you are interested in this article, please share it with your colleagues so that they also understand like you.

Understanding Malpractice

Based on the description posted by the hukumonline.com page (see link below), the definition of malpractice is as follows:

“Malpractice is any wrong attitude of action, a lack of skill in an unnatural level measure. The term is generally used against the attitude of doctors, lawyers, and accountants.

Failure to provide professional service and perform on a reasonable measure of skill level and intelligence in the community by the average peer of that profession, resulting in injury, loss, or loss to the recipient of such service who is likely to trust them.

This includes any wrong professional attitude, lack of unnatural skills or prudence or legal obligation, harmful or illegal practices or immoral attitudes.”

Malpractice According to Law No. 23 of 1992

In Indonesia, according to Law No. 23 of 1992 concerning Health Article 11 paragraph (1) letter b of the Law on Health Workers:

1. Without prejudice to the provisions in the Criminal Code and other laws and regulations, administrative measures can be taken in the following cases:

• • Shirking Of Obligations.
  • Do something a health worker should not be allowed to do, remembering his oath of office or the oath of office as a health worker.
  • Ignoring something that health workers are supposed to do.
  • Violates any provision under or under this Act.

What Are the Most Common Types of Medical Malpractice Claims?

The following are the most common types of medical malpractice claims:

1. Misdiagnosis or delayed diagnosis.
2. Failure to treat.
3. Prescription drug errors.
4. Surgical or procedural errors.

Since a few years ago, medical error has been the third leading cause of death in the U.S. according to Johns Hopkins, it accounts for nearly 250,000 deaths each year, although the Journal of Patient Safety claims that this number could reach 450,000.

Understanding the Risks of Malpractice

Medical malpractice cases can take on many forms, with multiple causes and various results. Medical malpractice cases often gain notoriety for the persons involved in the suit or the unusual circumstances leading up to them.

Although most come with an incredible story, all of them carry a common thread: many of these payouts would not have happened were it not for the efforts of a skilled medical malpractice attorney with decades of experience in personal injury and malpractice law.

Surgical tools and items left inside a patient after surgery are common medical malpractice. Standard medical instruments left behind include needles, scalpels, clamps, scissors, sponges, electrical equipment, and knife blades, among other objects.

• Surgery on Incorrect Body Parts.
• Birth Injury
• Stroke
• Medication Errors
• Anaesthesia Errors
• Misdiagnosis or Failure to Diagnose

Plastic surgeons, general surgeons, orthopaedists, and urologists were the top four physician specialties facing medical malpractice suits in 2021, according to the 2021 Medscape Malpractice Report published Nov. 19.

Facts about Malpractices claims 

• The four specialties sued the most were plastic surgeons and general surgeons (83 percent), followed by orthopaedists (81 percent) and urologists (80 percent).
• Sixty-two percent of specialists reported being sued, while 52 percent of primary care Docter faced claims.
• Failure to diagnose accounted for 31 percent of lawsuits of surveyed Docter, followed closely by complications from treatment at 29 percent.

Examples of Legal Cases Due to Malpractice in Indonesia

Here we write down some cases to give an idea of what kind of lawsuits some doctors suffer in Indonesia. We get information from the website; the link is at the bottom of this article.

1. T was convicted of missing gauze in the patient’s stomach

In 2010 the Supreme Court sentenced dr T, who practiced at Hospital Level III, to 6 months in prison.

2. W did not supervise injections that create toddler seizures

The Supreme Court rejected the prosecutor’s appeal of the malpractice case with defendant dr W. The defendant was found to have committed malpractice resulting in the death of a 3-year-old patient. As a result, he was sentenced to 10 months in prison.

3. A was convicted of malpractice during childbirth surgery

The Supreme Court sentenced dr A and two other doctors to 10 months imprisonment. The ruling numbered 365K/Pid/2012, immediately made doctors throughout Indonesia sympathize and support dr A by carrying out a national strike.

6 Reasons Why do doctors need to have Malpractice Insurance?

A primary concern is that an error could lead to a patient’s injury or death. If this happens and the victim files a lawsuit, the doctor could be liable for significant financial damages.

Here are seven reasons a doctor should have professional liability insurance:

1. To Defend Against Claims of Negligence.

Doctors who have professional liability insurance can defend against claims of negligence. If a doctor’s negligence leads to a patient’s injury, the doctor is responsible for covering the patient’s medical bills, lost wages, and other expenses related to the incident.

They may also have to pay the victim’s legal fees if the case goes to trial. Doctors with malpractice insurance can use their insurance to pay these costs. In return, they receive financial protection while they defend against negligence claims. The insurance policy may cover hiring a doctor’s defense attorney.

2. To Help with Legal Costs.

Claims of malpractice frequently occur in the healthcare industry. According to the American Medical Association, about one out of every six doctors in the U.S. endures a malpractice claim annually.

Defending against these claims can be very expensive without professional liability insurance.

A doctor may spend tens of thousands of dollars on an attorney’s retainer fees, expert witnesses, and other legal fees related to defending against malpractice claims.

A doctor who has professional liability insurance can receive coverage for these costs. The medical practice may need to reimburse the insurance provider if the claim is settled in the doctor’s favor.

3. To Provide a Layer of Protection for Other Insurers.

Many medical practices require their staff members to have professional liability insurance. Because of the risk associated with negligent doctors, many insurers choose not to provide coverage for these policies.

The insurer can use the doctor’s malpractice policy to pay for claims related to the doctor’s negligence. The insurance company can cover the doctor’s professional liability insurance premiums. This can help protect medical practices that hire doctors who would otherwise be uninsurable.

4. Increasing Legal Awareness in Indonesia

Previously, America and Canada were well known in the insurance industry as the countries that most often used legal and law enforcement to solve disputes. Almost all insurance companies exclude guarantees of legal liability in these two countries.

Today, Indonesia is also considered a country that often uses the law to find the truth. Often a simple matter becomes a big legal problem.

Likewise, about the problem of malpractice. Many doctors have had to deal with legal enforcement to account for the mistakes made by Tampa.

It should be noted that the number of lawyers and legal experts currently is increasing significantly; an estimate is close to 500,000 people spread throughout Indonesia.

The lawyers are ready to help victims of the practice obtain their rights by helping to process law enforcement.

5. The value of demands can reach billions of rupiah.

If there is a practice error, the consequences of losses caused by its value can be substantial, reaching billions of rupiah.

6. To Show Consumers You Are a Quality Doctor.

Doctors with professional liability insurance can show patients they are quality healthcare providers. This is because having professional liability insurance indicates that doctors are aware of the risks of working in the medical field.

Patients seeking medical care from a provider with professional liability insurance are less likely to file a malpractice claim.

This is because the patient will likely be treated with care, compassion, and concern during their visit. If a patient has a good experience, they are less likely to file a malpractice claim. This can help reduce the number of malpractice claims against a practice, reducing the cost of professional liability insurance over time.

How to get Malpractice Insurance in Indonesia? 

Because of the high and unique risk, only a few insurance companies in Indonesia sell malpractice insurance products. Even if anything, they market individually, usually with limited coverage and quite expensive premium fees.

But now, there is a unique insurance product for malpractice known as DOCTORSHIELD, designed by health, legal, and insurance experts.

DOCTORSHIELD has been successfully used by doctors in the ASEAN region, especially in Singapore, Malaysia, and the Philippines.

In general, DOCTORSHIELD can provide the following guarantees:

1. Settlements and damages
2. Legal expenses for defense trials
3. Regulator’s Inquiries
4. Mitigation and out-of-court settlements
5. Emergency advances for trials
6. Unintentional IP-infringement cover
7. Protection from loss of documents
8. Unintentional defamation

In Indonesia, DOCTORSHIELD is marketed and managed by L&G Insurance Broker. Multinational insurance companies with hundreds of years of experience is ready to support DOCTORSHIELD.

DOCTORSHIELD has exciting features, including:

1. No paper works (online)
2. Customizable (according to character and conditions)
3. Competitive premium

Conclusion

Choosing whether to buy professional liability insurance is a serious decision for any doctor.

Doctors who work in hospitals are usually required to have insurance. However, private practice doctors have more discretion in deciding whether to buy coverage.

A doctor who chooses to go without professional liability insurance is choosing to accept significant financial and emotional risks.

The decision to purchase insurance can help protect patients’ health and the doctor’s financial well-being.

For more information, please get in touch with insurance brokers L&G Now!

Sources:

1. https://www.pharmapproach.com/5-reasons-a-doctor-should-have-malpractice-insurance-3/
2. https://www.beckershospitalreview.com/hospital-physician-relationships/medscape-malpractice-report-2021-5-things-to-know.html
3. https://www.bluegrassjustice.com/famous-medical-malpractice-cases/
4. https://www.hukumonline.com/klinik/a/dokter-malapraktik–bisakah-asuransi-yang-tanggung-jawab-cl5120
5. https://www.merdeka.com/peristiwa/ini-kasus-dokter-dipidana-karena-malpraktik.html

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