Group warns of ripple effects after private hospital held liable for negligence
Published on: Monday, March 18, 2024
By: FMT
Federal Court’s decision against Columbia Asia Sdn Bhd is said to cause private medical practitioners to become more cautious in their practices.
PETALING JAYA: The Federal Court’s decision to hold a private hospital liable for medical negligence could lead to ripple effects in the industry, including the rise of “defensive medicine”, says the Association of Private Hospitals Malaysia (APHM).
APHM president Dr Kuljit Singh said “defensive medicine” refers to medical practices aimed at avoiding legal challenges rather than optimising patient care.
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He warned that such a reaction within the industry to the court decision would erode the affordability and accessibility of healthcare services in private hospitals.
“This ruling hints at a broader recalibration within the medical field, potentially steering practitioners towards a more cautious approach in their practices, but a nuanced consequence might be the rise of a ‘defensive mechanism’.
“While such practices might mitigate legal risks, they carry the unintended potential to inflate healthcare costs, making treatments less about efficacy and more about legal safety nets,” he said in a statement.
On Feb 23, the apex court held that Columbia Asia Sdn Bhd and an anaesthetist were jointly liable for medical negligence after a company’s former managing director suffered severe brain damage in 2010.
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Both parties were liable to pay about RM4 million in damages to the patient, Siow Ching Yee.
Justice Mary Lim, who read the broad grounds on behalf of the majority in the split ruling, said private hospitals that provide emergency services must ensure the availability of healthcare facilities as well as professional and ancillary staff for the purpose.
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Kuljit warned that the high costs involved in this case might also undermine the quality of Malaysia’s private healthcare, which he claimed was one of the best in the region.
“Beyond the possibility of increased ‘defensive medicine’, hospitals are likely to increase their medical indemnity insurance, and the patient will ultimately bear the costs,” he said.
He said hospitals might become reluctant to undertake complex procedures to mitigate risks, and that such a trend will lead to a decline in the industry’s ability to serve those who truly need its services.
Kuljit urged all healthcare stakeholders, including legal experts, to hold a dialogue and find ways to balance innovation and accountability, without compromising patient safety.
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