Rising malpractice cases worry MoH
Pini Bothoko | Wednesday September 16, 2015 16:21
On Monday, MoH acting deputy permanent secretary, John Botsang told a health conference that negligence by medical professionals public facilities, had resulted in significant settlements by government. “In the past government has paid a lot of money through court settlements due to negligence of health professionals,” Botsang said.
“I hope through this conference you will learn to practice extra caution in your work,” he said.
Botsang said it was high time health professionals are held accountable and settle the costs associated with professional negligence.
Legal private consultant, Rose Mwangi-Ssali said lack of informed consent and violation of the standards are the two types of potential civil action against health care providers.
She said that examples of medical malpractice is when oxygen runs out while a health professional is assisting a patient, causing death, or when a doctor forgets to prescribe an antibiotic for a patient.
“In some cases, health professionals even do unnecessary surgery that can cause permanent disability to a patient due to negligence,” she said.
Mwangi-Ssali said to manage risk in the workplace, health professionals should know the law of evidence and understand the concept of various liabilities. She encouraged health professionals to always keep records that can help them in cases of lawsuit, as they bear the burden of proof.
“Before helping patients, you should consider explaining to them in detail the procedure, possible complications or side effects so that patients can also be accountable. “The duty and standard of care rests with the doctor, the healthcare team and the clinic or hospital,” she said.
“Health professionals should do legal audits, invest in personal excellence and in their team for good productivity at the workplace.”
Nyangabgwe Referral Hospital Superintendent, Dr Malaki Tshipayagae applauded Mwangi-Ssali for sharing such details, noting that health professionals do not usually consider legal risks at public hospitals.