KUALA LUMPUR: The Federal Court's decision to hold a private hospital liable for medical negligence could have an adverse effect on private healthcare that would see a rise in "defensive medicine", says the Association of Private Hospitals Malaysia (APHM).
In a statement, APHM president Datuk Dr Kuljit Singh said that while this might encourage medical practitioners to be more cautious, it could also push up costs as they would be more concerned about avoiding legal challenges than optimising patient healthcare.
"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," the statement read.
Dr Kuljit warned that the Federal Court's judgment had economic ramifications– "particularly the looming spectre of increased insurance premiums for medical facilities", which present a sobering challenge to maintaining the affordability and accessibility of healthcare.
On Feb 23, Columbia Asia Sdn Bhd and an anaesthetist were jointly liable for medical negligence after a patient– a former company managing director– suffered severe brain damage in 2010.
Both parties were ordered to pay RM4 million in damages to the patient, Siow Ching Yee.
Dr Kuljit said that Malaysian private healthcare is among the best in the region, which has improved over the decades. But the high costs involved the latest lawsuit could see hospitals and doctors likely increasing their medical indemnity insurance coverage, therefore incurring the added cost on the patient.
"Beyond the possibility of increased defensive medicine, both hospitals and doctors are likely required to increase their medical indemnity insurance, and it is no mystery who will ultimately need to bear this cost – the patient.
"And there is another aspect – 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."