KUALA LUMPUR: The operational and ethical frameworks governing the medical practice are set to experience a ripple effect following a recent landmark ruling on healthcare accountability.
This, Association of Private Hospitals Malaysia president Datuk Dr Kuljit Singh said comes after the Federal Court decided to hold Columbia Asia Sdn Bhd and an anaesthetist jointly responsible for the tragic medical outcome of Siow Ching Yee.
He said the decision compels the hospital and its staff to compensate Siow nearly RM4 million for negligence that led to severe brain damage.
He said the ruling was anticipated to have ripple effects across the Malaysian medical community, potentially influencing practitioners to adopt a more cautious approach to clinical procedures.
"This pivotal ruling hints at a broader recalibration within the medical field, potentially steering practitioners towards a more cautious approach in their clinical endeavours.
"A nuanced consequence of this trend might be the rise of defensive medicine—practices aimed chiefly at forestalling legal challenges rather than optimising patient care.
"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 Sunday.
LOOMING PROSPECT OF ESCALATED INSURANCE PREMIUMS
He added that the court judgment's economic ramifications, particularly the looming spectre of increased insurance premiums for medical facilities, present a sobering challenge to maintaining the affordability and accessibility of healthcare.
The looming prospect of escalated insurance premiums for medical facilities further exacerbates concerns about the affordability and accessibility of healthcare services.
Despite these challenges, Kuljit said, Malaysia's private healthcare industry has long been lauded for its high-quality services at competitive prices, making it a preferred destination for medical tourists in the region.
He said the country's reputation for offering value-driven healthcare has only strengthened in the post-pandemic era, and has attracted renewed interest from international patients.
"Highly qualified specialists, advanced medical technologies, and good oversight as well as high standards of regulation have all had a role to play in this.
"Part of this is also the relationship between medical specialists and hospital systems, where each party providers and shoulders specific responsibilities while ensuring seamless care for the patient."
However, Kuljit raised concerns that the recent court ruling could prompt a reassessment of the symbiotic relationship between medical specialists and hospital systems.
"Questions remain whether it would be to the patients and the industry's benefit.
"Beyond the possibility of increased defensive medicine, both hospitals and doctors are likely required to increase their medical indemnity insurance, and the patients will ultimately need to bear this cost.
"Doctors and hospitals may become reluctant to undertake complex procedures, or even accept patients from other hospitals, as it increases their risk.
"Patients may be left with less choice, and the private healthcare service could well decline in its ability to provide those who truly need its services," he said.
STRIKING A BALANCE
Recognising the gravity of this ruling, he said other jurisdictions in the region could take proactive measures to ensure fair assignment of liabilities and reasonable compensations.
"While medical professionals and hospitals must be held accountable for negligence, it is crucial to strike a balance between assigning liability to all parties and acknowledging that errors can occur despite best intentions and robust systems."
Kuljit called for a nuanced dialogue among all healthcare stakeholders as a follow-up to the court ruling that could act as a reflective examination.
The dialogue could include regulators and legal experts, aimed at reconciling the drive for medical advancement with the paramount importance of patient welfare while balancing the cost and importantly the access to care.