Rampant medical negligence - A catalyst for professional indemnity insurance?

It does appear to me that the age-old phenomenon of professional negligence is, at present, being championed by medical professionals.

Indeed, this gives me an indication that the frequent occurrences are an indirect clarion call by members of the medical fraternity to make professional indemnity insurance cover compulsory in their own interest.

Recent developments

Recently, the story about an alleged negligence by a major medical facility in the Greater Accra Region of Ghana made the headlines. The story has it that a medical doctor was alleged to have diagnosed and rightly prescribed some medications to a 10-year old boy only for a pharmacist to dispense the medications with the wrong dosage!

To nail the coffin tighter was the fact that a nurse on duty allegedly failed to draw the attention of a medical doctor when it became clear that the boy was dying after having taken the medicine.

Pending investigations, there seemed to have been some miscommunication somewhere along the chain of treatment leading to the death of the 10-year old boy! Painful as it was, the boy’s mother had petitioned the appropriate authorities, while a legal suit appears imminent.

A related experience

This story came on the heels of a similar challenge a neighbour had had with a private clinic not too long ago. In his case, the doctor rightly prescribed an antibiotic for his treatment.

However, the pharmacist, in dispensing the antibiotic, indicated on the pack that he had to finish it in 18 hours, at 6-hour intervals. He only got to know later, after some funny reactions, that the course should have taken him not less than 48 hours to complete (that is according to the doctor’s correct prescription). Though not happy with the dangerous error, he decided to ‘give it to God’!

Why medical practitioners?

Medical professionals have had the bashing of sections of the public for various incidents of negligence often resulting in deaths and permanent total disabilities. Theirs seem to be more rampant compared with other professionals because, we see them as ‘next to God to determine whether we live or die’!

In some of these instances, legal suits were brought against them though I am yet to hear of prosecution of any such medical professionals in Ghana. That notwithstanding, such suits have a rippling effect on the level of confidence members of the public have in the ‘correctness’ of the medical system.

Medical practitioners, like all other professionals, undertake to uphold the highest standards of professionalism in pursuant of their professional obligations.

Most countries, particularly in the Western world, have medical negligence law, also referred to as medical malpractice law, which provides compensation to patients in the event of any harm arising from sub-standard medical treatment.

While a medical professional or health facility may not be directly liable for the harm a patient might suffer while in their care, they are, however, legally responsible for harm or injuries to patients that arise directly from their negligence of deviation from the standard care required of them.

Who is a professional?

Apart from medical doctors, conventionally, professionals such as lawyers, engineers, architects are regarded as the only 'professionals'. However, the increase in the demand for essential services such as the provision of news, over time, has broadened the scope of professionals to encompass persons who offer specialist advice or services in journalism, photography, among others. In line with their duties, professionals are often exposed to various perils, which may not only undermine their competences, but also cause them financial and other losses.

For instance, a Cardiologist, Dr Conrad Murray, was accused of administering an overdose of propofol on the late Pop Star, Michael Jackson, in 2009, and consequently convicted for manslaughter in 2011. Notwithstanding his release after serving two out of his four-year sentence, Dr Murray’s reputation has undoubtedly been badly bruised.

It is quite regular to have professionals faulted in the course of their professional conducts. While a lawyer may be badmouthed for his/her poor handling of a suit, a journalist may be cited for libel and a doctor not spared the accusations of wrong diagnostics and surgeries.

This even extends to musicians, who after collecting part-payment, fail to turn up for scheduled shows, talk less of contractors who have either turned in substandard jobs or failed to deliver on time.
This, therefore, brings to the fore, the need for Professional Indemnity (PI) insurance or rather making it compulsory for all categories of professionals, to provide the necessary cover against such professional negligence.

Clients’s expectations

Undoubtedly, every organisation’s reputation for professionalism engenders public trust. Very often, a professional’s reputation is only as good as his or her last job delivered. While true professionals always strive to deliver the best service, the human element, undoubtedly, has its own toll on this.

This is, however, not my subtle endorsement of mediocrity, except to say, every professional is bound to make a mistake or two at one point. Thus, even the best surgeon may perform a bad surgery, if he/she was in a rather bad mood prior to the performance of the surgery.

Professional Indemnity (PI) Insurance

Pl insurance provides cover for individual professionals and organisations against a claim, usually a civil suit, arising from professional negligence.

The policy typically covers alleged failure of performance, financial loss, and service/product error or omission by a policyholder. The cover sometimes extends to the cost of defence and groundless lawsuit.

In some jurisdictions, PI is by law required of, especially, medical and legal professionals.

The way forward

Lately, most Ghanaians have awakened to their rights to legal redress against negligent journalists, media houses, medical doctors and other professionals. There has been an upsurge in libel suits against some ‘errant’ journalists and media houses, often resulting in huge fines. In this regard, many insurers in some other parts of the world appear uncomfortable underwriting PI policies, since the risks involved are usually very high. In spite of that, it is imperative for insurers to consider the track records of individual professionals and organisations and offer them PI cover at ‘reviewed’ premiums.

There is also the need for the Medical and Dental Council to urgently consider making it mandatory for all qualified medical professionals to have in place Professional Indemnity Insurance before they are permitted to practice.

While at this, can our legislature begin the process of making Professional Indemnity Insurance compulsory, especially for our medical practitioners? — GB