Being able to serve patients is a privilege that requires many years of preparation and study. The training is quite strict and the reason is because people’s health is at stake. In addition, there is a large amount of knowledge that must be acquired and constantly reinforced. But one of the problems is that the vast majority of doctors do not receive legal protection when they need it and this leaves them at a disadvantage.
In this regard, one of the greatest risks of the profession is sue for medical malpractice. It is an experience that no one wants to experience but it can happen. Therefore, it is necessary to know what to do and the ways in which health professionals can protect themselves.
Everything related to the legal part is very little addressed in Medicine universities despite the importance of the subject. That is why most doctors are at a disadvantage when facing a process of this type.
How should doctors protect themselves?
Within the framework of the International Congress of Emergency Medicine and Resuscitation, where more than 1,300 emergency physicians met, the Mexican Society of Emergency Medicine (SMME) signed an agreement with the legal firm Medical shield. The goal is to join forces to ensure the juridical and legal protection of doctors during the development of their practice in an ethical manner. And in case they need it, they can protect themselves against unfair lawsuits.
According to the president of the SMME, Dr. Luis Daniel Sánchez Arreola, the Legal cases against emergency doctors have increased considerably in the last two years due to the pandemic.
“There are different factors that have led to this phenomenon. Some have been the overcrowding of emergency rooms and the changes in the dynamics of medical care due to the COVID-19 pandemic. Today in Mexico there is an increase between 20% and 30% of lawsuits against doctors who work in critical areas at the national level, compared to those previously reported “
Given this context, this signing of the agreement with Medical Shield is confirmed, a legal office made up of lawyers, experts, criminologists and strategists who understand the legal obligations of physicians. In this way, it seeks to strengthen and support legal protection, especially for doctors specializing in emergency medicine. It also seeks to advise them on how to act within the legal and ethical framework in the face of any accusation of this type.
First generation of expert doctors specializing in emergency medicine
In addition, through this agreement it is intended to formalize the first generation of medical experts specializing in emergency medicine. According to Dr. Sánchez Arreola, “the SMME and Medical Shielding agree that it is the doctors themselves who should be authorized to deliberate in this type of legal situation. The reason is because only a doctor of the same category can understand the needs and limitations of the practice”.
The criminalization of the medical act is a problem at the national level. It is a sector that is highly demanded by society but which no one is protecting. For this reason, the Mexican Society of Emergency Medicine works to define legal responsibilities. It also seeks to improve the preparation of doctors and to be able to exercise an ethical medical practice focused on the benefit and health of patients.
Faced with the problem and shortcomings of the current health system, emergency doctors, who make up the first line of care, will continue to be the sector most vulnerable to acts of criminalization. Therefore, defending this guild focused on safeguarding the lives of patients has become a priority.