A reader who requests anonymity writes: "Your column on medical malpractice (The Bitter Pill of Medical Malpractice, Nov. 8, 2002) is quite sensible. Unfortunately, the debate has been reduced to a populist sound byte: it would add to health costs.
"I am writing you because of one line, the three percent allotted by the country to health care. Realistically, minus "administrative" costs, both real and otherwise, it wouldn’t be surprising if the actual amount would be a lot less. Even faulty public health statistics (on the generous side) would prove that this nation is actually going backwards in healthcare, particularly within the context of the region.
"As a balikbayan, I am quite appalled that health is not a priority in local political debates. Fact is, it’s hardly mentioned. This is not so in other countries. This is always in the top three political issues in the USA as it is in Europe and the rest of the civilized world."
"I am a Filipino resident in Sydney, Australia and I would like to share something related to the subject. Doctors here pay insurance to cover them from malpractice suits. The amount is very high and not all insurance companies are willing to carry medical malpractice coverage considering the amount usually awarded.
"About six months ago, the biggest medical insurer here went bankrupt and it caused a lot of inconvenience here with doctors unwilling to offer their services because they don’t have any insurance coverage. They simply stopped practicing according to news reports here.
"The Philippine lawmakers and opinion makers should really evaluate if we need this at this time. Philippine doctors and hospitals would surely hike their fees to astronomical levels once the proposed bill is passed.
"In the Philippines where most people pay their own consultation and hospitalization, magiging mahirap yata ang maging doktor at pasyente sa Pilipinas pag may batas na ganyan sa panahon na ito. It seems we just want to copy the practices of other countries for the sake of having authored a bill."
"He was recuperating but was mishandled by the medical staff. This negligence caused him his precious life. He went into comatose after the tube was prematurely pulled out from his body. My dear father passed away and left us in total grief and anguish."
Sounding very desperate, the letter sender is urging a thorough and open investigation of his father’s case. "We appeal that you assist us conduct an upright and just due process of my father’s case as soon as possible. This sad experience has caused the whole family anguish, trauma and sleepless nights, besides the heavy financial burden that has encroached on us, the moment we sent him to the said hospital until the ‘unexpected’ funeral expenses."
After giving my comments and suggested course of action in response to the letter, I realized that this example reflects the current state of confusion that many "victims" of medical malpractice face. In their after-shock and desperation, they don’t know what to do and who to turn to.
"Now let me put forth my personal perspectives in connection with the raging debates about the necessity of our legislature to pass a Medical Malpractice Law. I firmly believe that a sort of a Patient bill of rights is a matter whose time has come.
"Some prominent members of the profession had been raising the red flag that suing doctors will be counter productive; that medical care will become more costly; that to insulate themselves from civil liability, doctors will practice defensively and will order unnecessary laboratory tests; and that medical practitioners will be obligated to carry professional liability insurance, the cost of which will ultimately be borne by patients.
"I submit that patients have a right to demand only proper and reasonable care from doctors, one that is regarded as acceptable standards in modern norms of practice. Any departure from reasonable standards that results to harm or injury or death is thus negligence from which patients should be compensated.
"Without a law on this matter, it is almost impossible to sue a reckless or negligent doctor because under the present code of ethics, doctors are precluded to give disparaging remarks against colleagues.
"Unless a pool of expert witness system is put in place which will determine whether treatments received are in compliance with recognized community standards of medical practice, patients’ rights to hold their doctors or hospitals as responsible for their harm will be in jeopardy.
"Doctors on the other hand will be required by their respective boards to update themselves with the latest advances in their line of practice or to attend seminars as a requirement in the renewal of license."
Luke Pasiliao, chief operating officer (COO) of Uniprom, Inc., one of the Araneta group of companies, was profusely thankful for the assistance provided by the various government agencies involved in processing the permits required to bring the elephants here. The timely and efficient work of these agencies has enabled the public, particularly the school children, to watch and appreciate the skills and intelligence of these amazing creatures. Pasiliao added that "the Elephant Show is the centerpiece event for the whole family this holiday season at the Araneta Center."
It looks like it’s not all that hopeless for some of our bureaucrats.
Should you wish to share any insights, write me at Link Edge, 4th Floor, 156 Valero Street, Salcedo Village, 1227 Makati City. Or e-mail me at reygamboa@linkedge.biz. If you wish to view the previous columns or telecasts of "Isyung Kalakalan at iba pa," you may visit my website at http://bizlinks.linkedge.biz.