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Rising Kashmir > Blog > Opinion > The Lack of Transparency in Medical Negligence and Malpractice Inquiries
Opinion

The Lack of Transparency in Medical Negligence and Malpractice Inquiries

The healthcare system must prioritize transparency and public accountability to regain and maintain public trust

DR. FIAZ MAQBOOL FAZILI
Last updated: August 14, 2024 12:23 am
DR. FIAZ MAQBOOL FAZILI
Published: August 14, 2024
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PUBLIC ACCOUNTABILITY

 

 

In recent years, the issue of medical negligence and malpractice has increasingly come under the public spotlight, often through viral stories on social media. These incidents stir significant public outcry, leading to demands for accountability and justice. However, a recurring pattern emerges after the initial uproar, the discussion fades, and the outcomes of inquiries remain shrouded in mystery. About six to seven cases of alleged medical malpractice or negligence where Govt ordered inquiry and the findings of which were never shared with public though in the recent one there was a big public cry at the door of a private hospital. This lack of transparency not only breeds rumors and speculation but also erodes public trust in the healthcare system. This essay explores the reasons behind the non-disclosure of inquiry reports, the consequences of this opacity, and the pressing need for transparent communication to restore public confidence.

 

Reasons for Non- Public Disclosure of Inquiry Reports

The lack of transparency in inquiry reports on medical negligence and malpractice cases often leads to public mistrust, speculation, and the spread of rumors. Here’s a breakdown of why this issue occurs and its implications:

 

Institutional Self-Protection

Hospitals may avoid sharing negative outcomes to protect their reputation often results in a culture of silence and concealment. Hospitals and medical practitioners are wary of the potential damage to their reputations and prevent potential lawsuits. Publicly acknowledging mistakes or lapses in care can lead to a loss of trust, a decline in patient numbers, and significant financial repercussions. This is especially prevalent in corporate hospitals, where financial considerations and brand image play a significant role.

 

Conflict of Interest

In some cases, the bodies or individuals responsible for conducting inquiries may have conflicts of interest. These could arise from affiliations with the healthcare institutions under investigation, leading to biased or incomplete reporting. This lack of independence can prevent the full disclosure of facts and hinder accountability.

 

 

 

Lack of Standardized Reporting Procedures

The absence of standardized procedures for conducting and reporting inquiries into medical negligence exacerbates the issue. Different institutions and regions may have varying policies on what information is shared, leading to inconsistencies and a lack of clarity for the public.

 

Public Mistrust and Speculation

When the public is kept in the dark, inquiry reports are not shared with the public, it naturally leads to suspicion and doubt fosters mistrust and speculation. People often assume the worst, thinking that hospitals are covering up mistakes or unethical practices believing that there is something to hide. This mistrust is amplified by the initial media hype and subsequent silence, creating an environment ripe for speculation and rumor mongering.

 

Proliferation of Rumors and Unsupervised Social Media Narratives

In the absence of official information, the vacuum is often filled by unsupervised social media narratives. Rumors and unverified stories spread quickly, further clouding the truth and potentially causing undue panic. These misleading  narratives can be damaging, not only to the healthcare providers involved but also to the overall perception of the healthcare system, care providers and create unnecessary panic.

 

Fear of Backlash

Medical professionals and institutions may fear public and media backlash, which could tarnish their reputations and lead to a loss of trust among potential patients.

 

Erosion of Accountability

Without public accountability, there is little incentive for hospitals and medical professionals to improve their practices.  If mistakes and lapses are not publicly acknowledged and addressed, there is little incentive for healthcare providers to improve their practices. This can lead to a culture of complacency and repeated errors, ultimately compromising patient safety.

 

Undermining Trust in Healthcare System

The lack of transparency can erode public trust in the healthcare system as a whole.  This erosion of trust can have far-reaching consequences, affecting not only patient-provider relationships but also the broader public health landscape. People may become hesitant to seek medical care, fearing negligence or malpractice.

 

Corporate hospitals may not share inquiry reports with the public in medical negligence or malpractice complaint cases for several reasons:

  1. Fear of reputational damage: Disclosing adverse findings could harm the hospital’s reputation and affect business.
  2. Legal concerns: Hospitals might worry about increased liability or legal consequences if they acknowledge wrongdoing.
  3. Protection of interests: Hospitals may prioritize protecting their doctors, staff, and financial interests over transparency.
  4. Lack of regulation: Inadequate regulatory frameworks or enforcement can enable hospitals to maintain secrecy.5. Culture of silence: A culture of silence and cover-ups can pervade the medical community, making it difficult to speak out.

 

However, transparency is crucial in restoring faith in healthcare institutions. By sharing inquiry reports, hospitals can:

  • Demonstrate accountability.
  • Show Commitment to patient safety.
  • Build trust with patients and the public.
  • Facilitate learning from mistakes.
  • Improve quality of care.

 

Some possible solutions to promote transparency include:

  • Stricter regulations and enforcement.
  • Independent review panels.
  • Mandatory disclosure policies.
  • Patient advocacy groups.
  • Whistleblower protection.

 

The Path Forward: The Need for Transparency and Public Accountability

Recently in our city there have been many cases where allegations were made against doctors, hospitals and including recent one and after public rage an inquiry was ordered by Hon’ble CMO. What happened to these inquiries? Keeps a clinical auditor and quality professional like me guessing.

 

The healthcare system must prioritize transparency and public accountability to regain and maintain public trust. By openly acknowledging mistakes, addressing systemic issues, and communicating findings to the public, healthcare providers can demonstrate a commitment to patient safety and quality care. This culture of transparency not only benefits patients but also fosters a learning environment where healthcare professionals can continually improve their practices. To address these issues, there must be a concerted effort to increase transparency and accountability in handling medical negligence and malpractice cases:

 

Given these challenges, it is imperative to establish a framework that promotes transparency and accountability in handling medical negligence and malpractice cases. The following measures can help achieve this goal:

 

Independent and Impartial Inquiries

To ensure objectivity, inquiries should be conducted by independent bodies or professionals, clinical auditors, quality professionals with no ties to the institutions involved. This independence can help build public trust in the process and ensure that findings are fair and unbiased.

 

 

Public Disclosure of Findings

While patient confidentiality must be respected, essential findings and recommendations from inquiries should be shared with the public. This can be done through official reports, press releases, or public briefings. Clear and concise communication can help dispel rumors and provide the public with a factual understanding of the situation

 

Standardized Reporting Procedures

Establishing standardized procedures for conducting inquiries and sharing results can help ensure consistency and fairness. These procedures should include guidelines on what information can be shared and how it should be communicated to the public. Engagement with Patients and the Public in discussions about healthcare quality and safety can build trust and understanding. Transparency in addressing concerns and explaining how mistakes are rectified can reassure the public

 

Legal and Regulatory Reforms

In some cases, legal reforms may be necessary to balance the need for transparency with patient privacy. Clear guidelines and regulations can provide a framework for sharing information while protecting sensitive data.

 

Sharing the truth about medical negligence and malpractice cases is crucial for maintaining public trust and ensuring that healthcare providers are held accountable for their actions. Only then can the healthcare system work towards improving safety and quality, benefiting both patients and medical professionals. Addressing this issue requires a concerted effort to promote transparency, engage with the public, and implement standardized procedures so we can work towards a more accountable and trustworthy healthcare system. By doing so, healthcare providers can rebuild trust, ensure accountability, and ultimately provide safer and more reliable care for all

 

(The author is a Certified Clinical auditor, Healthcare policy analyst and reforms National and international expert on policy planning and reforms. He can be reached at [email protected])

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