In today’s litigious climate medical profession is fraught with risks of being dragged to courts and worse on allegations of medical negligence. Given the work environment no guarantee can be offered that genuine error will not occur. The patient load, lack of resources, out of pocket medical expenses by a vast majority of patients all contribute to limite
d investigations and dependence predominantly on clinical acumen for treatment in a vast majority of patients. This leaves doctors open to allegations of negligence and censure by courts. What was trickle in early 1990s has now turned into a deluge and today nearly 25 % of all doctors surveyed by MLAG trust in 2013 have faced allegations of negligence in court at least once in their career. Medicos Legal Action Group is a Registered Trust formed by few doctors from all over the Country to look after interests and welfare of MBBS doctors and take legal action where
needed. The trust works to create and spread awareness in the medical profession and the public about medicolegal issues through various means, for removal of quackery, for the
diffusion of useful knowledge on matters related to health specially with training and working of medical personnel and to liaison and advocate with Government and its agencies
including MCI, MOHFW, State Governments on issues related to MBBS doctors their training , their service matters and overall welfare. MLAG trust has been doing pioneering work for welfare of medical profession but it was being felt for a long time that a structured organization is needed to do the work tasked to it. MLAG Indemnity is hence floated in part to raise resources for trust activities and provide a structured organization to be utilized for common cause besides providing individual financial and other benefits to our members. Indemnity Insurance offers protection to doctors and gives a sense of security while doing their professional activities. However Indemnity Insurance is poorly understood and frequently fraudulently sold to doctors by agents only for liability to be denied by Insurance company in court based on flimsy exclusion clauses. It is important for Indemnity Insurance to be understood and only what is appropriate to be taken. Doctors also need to follow terms of the policy strictly in case of an event but this needs to be communicated to them at appropriate time. MLAG Indemnity is being started in association with Oriental Insurance Company Ltd. Aims of the “MLAG Indemnity” are
1) Provide Indemnity Cover to Doctors in case of adverse judgment and compensation awarded by Consumer Court and Civil Courts in cases of medical negligence at concessional premium 22.5% less than the rates charged by the public sector Insurance companies.
2) Provide Legal aid in form of advocates on concessional rates to Doctors in Consumer and in Criminal cases for allegations of professional negligence in Consumer fora / local courts / High Court / Supreme Court. This will be achieved through bulk negotiation ability of the MLAG trust.
3) Provide medico legal help by doctors (members of MLAG Trust) in drafting replies to notices received from disgruntled patients / consumer courts / civil courts in cases of alleged medical negligence and acting as objective and knowledgeable third party for mediation between doctors and patients.
4) 50% discount on own damage portion of your car premium over and above the No Claim Bonus being claimed by you. We will issue membership certificates to all members to show to OIC representatives to claim car insurance discount. (to be done through your regular agents with discount based on our membership certificate plus the copy of agreement which will be posted to you)
5) Life Membership fee of MLAG is currently 5000 with Rs 1000 per year annual charges payable from 2016. This membership not only now gives you personal monetary benefits but also helps us pursue the actual goal of engaging with Govt agencies and others on issues which adversely affect medical profession. By becoming a member you contribute towards this common cause besides any discounts we are able to get for you. Right now we are limiting the “MLAG Indemnity” to Punjab , Haryana , UT and Himachal Pradesh only. Once we have a proper organization in place the entire scheme will be extended pan India. Exclusions;
1) Cases involving doctors but not related to medical negligence will not be covered by MLAG Indemnity but assistance on discounted payment can be availed from the in house legal team.
2) Cases where cause of action has occurred before onset of policy
3) Cases involving AIDS and any other condition as mentioned in policy document of Oriental Insurance Company. Cosmetic surgery can be covered with additional premium.
4) Initially only doctors from Punjab Haryana Himachal and UT Chandigarh will be covered and hence doctors from outside these states will be excluded in initial phase. Problems with existing companies providing indemnity insurance.
1) All Public Sector Insurers consider Indemnity Insurance only a very small part of their revenue hence do not educate their agents and partners. This results in false assurances and fraudulent sale of ineffectual insurance cover. An Endoscopist given cover of consultant physician instead of a surgeon.
2) Sole purpose of Insurance company advocates is to deny liability of company not fight for the doctor. Arguing for the doctor is incidental to the primary aim.
3) Advocates are hired on basis of tender with lowest bid and not specialization in medico legal cases being criterion for selection . This then results in poor defence.
4) High yearly and premium charges and poor quality of services.
