This is the Article By Dr. Willie T. Ong
Get ready for war.
On the red corner, insurance groups and legislators have made a head start in pushing for several malpractice bills in the Senate. A reliable source has confirmed the hiring of a top lobby group to have these bills approved as soon as possible.
On the blue corner, the Philippine Medical Association, led by its president Dr. Bu Castro, has initiated the “Total Recall” project, which asks for the withdrawal of all these bills. The PMA has met with its component associations in charting the battle plan.
If you expect an even fight, think again. The multi-million funding of the insurance groups crushes the cash-strapped medical profession in the first round. Estimates show that the insurance groups stand to gain three billion pesos every year. This is from the 60,000 practicing doctors who will have to pay Php 50,000 yearly for malpractice insurance. Thus, it will not come as a surprise if they invest millions in lobby money to pass these bills.
For those unaware, not one but five malpractice-related bills are pending in the Senate. Any one of which could spell doom for doctors and healthcare alike. Senator Serge Osmena’s Senate Bill (SB)1720 is self-explanatory: “An Act to protect against medical malpractice, punishing the malpractice of any medical practitioner and requiring them to secure malpractice insurance.” Other controversial bills are Senator Osmena’s SB-337, Senator Manuel Villar’s SB-588 and SB-743, and Senator Juan Flavier’s SB-03.
The odds are stacked up against the doctors as prominent media personalities continue with their anti-doctor campaign. And for the defense, can the Philippine Medical Association put up a decent fight?
Dr. Bu Castro: The Right Person At The Right Time
Dr. Bu Castro, incumbent president of the PMA, has accepted this difficult and uphill battle. As head the “Total Recall” project, he is the medical profession’s last line of defense against the malpractice bill and other related bills.
When his presidency ends in May 2005, Dr. Castro has chosen not to go for a re-election, but instead focus all his energies to saving the medical profession. “I am gearing for a long and difficult battle. I do hope other doctors and health workers will rally to our cause.”
As both doctor and lawyer, he is uniquely capable of handling the case. The young and idealistic president may still find the answer to the crisis in the profession.
With the able support of Dr. Jose Sabili, the amiable and energetic vice-president of the PMA, Dr. Castro has mapped out several plans. “For one, we have our version of the Patients Rights’ Bill.” Other strategies are still in the works.
Still, the doctors’ problems are the lack of funds and the heterogenous groups of doctors, sometimes with differing opinions and outlooks. “We need to gain the support of all doctors, nurses and health workers, for us to stand a chance against these big companies.”
Implications of Malpractice Bills To The Patient
According to the PMA president, the ill effects of malpractice bills are already well documented. “First, the cost of healthcare will rise dramatically as doctors practice ‘defensive medicine.’ More and more expensive laboratory test will be requested not for patient’s benefit but to protect the doctor from lawsuits.
“Second, surgeons will refuse to operate on high-risk cases. No one will operate on serious but potentially curable cases for fear of lawsuits.
“Third, all doctors will be forced to obtain malpractice insurance. This will force many doctors to find another profession or leave for abroad. Eighty-nine percent of doctors cannot afford malpractice insurance.
“Fourth, there will be less and less medical missions, because doctors can be sued for treating charity cases.
“In short, these Malpractice Bills are anti-poor and anti-patient. The poor can no longer get free health care from medical and surgical missions all over the country. As more and more doctors leave the country or retire early, our health care system will collapse. Thousands of poor people will die.”
Dr. Bu Castro has many plans, all of which sound good but without adequate money and other doctor’s support, it may be impossible to accomplish. If for nothing else, the malpractice issue should awaken slumbering doctors from their apathy and rally around their cause.
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