Top Reasons You Should Have Malpractice Insurance in India

A professional indemnity insurance policy covers the legal costs incurred in defending the claim and the compensation payable to the client who initiated that claim. Among the duties of care that a doctor owes to his patients, there are the following:

• If he does not wish to take on the case, it is up to him to decide.
• Choosing the appropriate treatment for a patient is his responsibility;
• It is his responsibility to decide how the treatment should be administered.
• It is a breach of duty for the doctor not to perform the above duties, which entitles the patient to action for breach of duty.
• Whenever a doctor fails to perform the degree of care as a reasonable physician, he commits a breach of duty.

The basics of medical malpractice

A medical negligence case is classified by two words – negligence and medical. Notwithstanding the need for reasonable care, negligence refers to a failure to act in good faith. There is no difference in medical negligence. There is no other difference than the fact that a doctor is a defendant for medical negligence. The following elements need to be present to establish negligence:

• The defendant (person who the suit is filed against) owed the plaintiff (person who files the suit) a duty of care.
• The defendant committed a breach of that duty.
• As a result of the breach, the plaintiff suffered damages.

Medical malpractice examples

Medical negligence can take the form of:

• Medicines that were administered incorrectly.
• Performing surgery that is inappropriate/not required for the patient.
• Medical advice that is not appropriate.
• Leaving inappropriate objects in a patient’s body after surgery, such as sponges or bandages.

Medical negligence excludes the following:

There are some cases in which a doctor is not responsible for the injuries a patient suffers. He may make a valid defense that he did not breach his duty of care. This is known as an error of judgement.

There are two types of errors of judgement: 

• A lapse in judgement 

It has been acknowledged that this does not constitute a breach of duty in such cases. We cannot hold a doctor responsible for medical negligence because his decision was wrong.

• The negligence-induced error of judgement 

It would be an error of judgement due to negligence if all factors were considered before making a decision. This type of error of judgement would amount to negligence.

Why is it important for doctors to have professional indemnity insurance?

It makes sense to protect your profession or clinic when you work hard to ensure its growth. Professional indemnity insurance can protect your business and yourself against malpractice insurance, negligence, and errors. Errors are often the cause of lawsuits against several doctors and healthcare professionals in India.

Taking legal action against your client or securing yourself from their claims would result in major financial losses that would be extremely difficult to recover from.

In more severe instances, lawsuits could even end your business or career. It is therefore very important to purchase professional indemnity insurance in the following circumstances:

• It aims to mitigate the risk of unintentional errors resulting in litigation
• By ensuring risky businesses and professions where advice is rendered, the chances of loss are reduced
• Protecting their reputation along with their assets with this form of protective insurance

Benefits and features of professional indemnity insurance

Professional indemnity policies offer several benefits and features. Listed here are some of the benefits and features of this insurance policy.

• Protection from lawsuits: 

Regardless of the wrongdoing committed by the insured, indemnity insurance protects against legal claims. According to the insurance policy, the insurer covers the claimant’s compensation, damages, settlements, and legal defense costs.

• Coverage:

It provides comprehensive protection against a wide variety of risks related to the profession or the business.

• Customizable:

Policy premiums can be tailored to suit the nature of a business or profession and their specific requirements about the nature of professional services offered.

• A hassle-free and simple process: 

There are minimal documentation requirements for getting indemnity insurance plans in India, making the process of getting legal protection easier.

• Flexible:

Many indemnity insurance plans offer flexibility, allowing the insured to customize the coverage based on their needs.