Doctors rush to get indemnity insurance amid fears of new malpractice laws

KOCHI: Doctors are in a rush to take out professional indemnity insurance due to the fear of severe punishment for medical malpractice under the new criminal law of India. The number of doctors joining the insurance scheme in the state has increased this year. Increasing number of complaints and huge fines if found is a motivation for insurance. Most of those seeking protection are practicing in the private sector. Insurance companies offer low premiums that cover the cost of litigation and compensation.

There is also a group package with four types of coverage against attacks on hospitals and doctors. The most popular scheme is Rs 1 crore protection at an annual premium of Rs 25,000. IPC 304(A) provides for imprisonment for up to 2 years or fine for causing death due to negligence of doctors. But in the Code of Laws, this means imprisonment for up to two years and a fine. The propaganda is that if the patient dies due to medical malpractice, criminal action and jail are guaranteed.

In the draft of the law, imprisonment of up to 5 years was stipulated, but it was amended due to objections. In private hospitals, the negligence of the nurses or otherwise will be on the doctor's head. Govt. There is no strict action against doctors in hospitals. Government is responsible. Therefore, there are few people who take insurance from the government sector.

"When the law is strict, doctors may decide that even minor ailments are treated after all kinds of tests. Hospitals will be reluctant to admit critically ill patients."

--Dr M M Hanish, IMA

Indemnity Insurance

There are areas where a breach of duty can lead to legal action and financial liability. Indemnity insurance provides protection to such professionals. Insurance companies mainly target doctors. LIC also has indemnity policies. There are also packages that provide such protection against the possibility of injury by the patient or other assault.