SANTO DOMINGO, RD/ DIARIO DE SALUD.- At a time when concern is growing among doctors and health centers about the increase in lawsuits and judicial sentences linked to the practice of medicine, Dr. Ashley Baquero, president of the Dr. Baquero Foundation, recalls an article he published in 2015 in which he emphasized that it was inevitable that these cases would happen.
He says that the article titled “Medical negligence: civil or criminal matters”, published at that time, fits perfectly with what is experienced today.
“Unfortunately, in the Dominican Republic we are not legally prepared to face the problem of medical negligence. Continuing with the current practice of considering all cases as criminal matters will bring negative consequences for everyone,” he said at the time.
The specialist stated in his writing that not only is error human, but there are also medical and surgical complications that are inherent to new complex treatments and are not the responsibility of the health professional.
“In many cases, the objective of the lawsuit should be to compensate the patient or his family for the damages suffered and give the doctor the opportunity to take measures to prevent it from happening again,” he commented on that date in the Dominican Republic. It was not thought that in 2024 we would be faced with a series of lawsuits against doctors and health centers that, whether we like it or not, call into question their powers.
Baquero remembers that he did see the situation coming. So much so that he not only publicly showed his concern, but also made timely recommendations so that the country “become healthy” and knew how to deal with these cases when they come to justice.
Better handling
Among the suggestions he mentioned developing the regulations of Health Law 42-01 in its article 164; conduct medicolegal-oriented seminars to educate physicians on how to avoid and protect themselves from malpractice lawsuits and create a panel of experts to review lawsuits. The recommendations of this panel would not be final, but they would be admissible in court.
He also advised enabling special courts to hear cases of medical negligence and limiting the amount of compensation awarded for damages received, noting that it must be understood that the motivation of the plaintiff lawyers is not justice, but money.
This call made eight years ago by the Dominican doctor, who performed a kidney transplant from a living donor for the first time in the city of Santiago in 1986, adjusts to the reality that the country is experiencing today with the number of lawsuits against doctors. and health centers.
For this reason, the doctor reiterates the need for these suggestions to be addressed.
