These days, it is not uncommon to have running "court" sessions hosted by various media, including newspapers/magazines, radio/television stations, and social media platforms, on patients' case management. It is usually against the backdrop of a lack of satisfaction by the concerned patients, guardians, or their families about the care provided to their loved ones or where there is an actual or perceived medical error, misadventure, negligence, or mismanagement. The "media panel" usually combines multiple roles and coordinates all the operations and functions, such as "investigators", "witnesses", "jury", "judge" and sometimes "enforcement agents". It is a disturbing trend in some contexts, and this has created a chain of vulnerability for everyone involved. The risks for the patients, their families, healthcare workers, their facilities, and the general public do not appear to have been deeply thought through by the proponents of this media furore. Sadly, it also has a veneer of “entertainment," as the private lives and sensitive medical dossiers of patients are exposed to a participating audience enticed to weigh in as "experts" on the subject matter.
If a physician or their facility is the subject of this "trial", what should they do?
Do not appear or participate in such media "court". There is no place for medical doctors to defend their care of patients in a media bazaar. There are regulatory bodies in all parts of the world that govern how medicine is practised. The respective Medical Councils have internal mechanisms for addressing any reports made against a physician in their medical practice or conduct. Going public through a media house to "defend" oneself against any complaints or accusations may cause irreparable damage to the doctor-patient relationship and the commitment to respect and protect the confidentiality of the patient's medical record. The ethical imperatives that guide the medical profession must be upheld at all times. A media exposé is not one of the recommended ways of preserving the sanctity of this obligation to standard practice.
Do not join issues with the media by presenting a counterpunch to their narratives in public. You'll never win that battle! It is not an engagement that is determined by who "wins" the argument or whose logical trail is the stronger. No. Rather, it is often hugely driven by perception, sentiments, and reactions to the apparent imbalance of power between the patient and the doctor. Fighting the media war on that turf only adds gasoline to the conflagration. It'll amount to deepening the hurt for everyone involved, albeit inadvertently. At this stage of an apparently fractured relationship that makes a patient or their family approach these "media courts" for intervention, the physician's audience should be the custodians of the medical standards against which a doctor's practice will be evaluated methodically. Reserve your energy for that audit process.
If you are employed by a health institution, report the situation to the management of the hospital and your Medical Association or Medical Defence Society. However, for private practitioners who own their clinics or hospitals, your Medical Association or Defence Society must be quickly informed of the matter involving either your alleged malpractice, misconduct or any disputes that may have been brought before a media discourse. A medicolegal advice that takes into consideration the peculiar circumstances, laws, and regulations applied to medical practice in the jurisdiction will be invaluable.
Take proactive measures by ensuring that your practice meets the medical standard expected of your expertise and obligations for patient health and safety at all times. Anticipate that your actions and inactions will be scrutinised and keep in mind that perception can be a reality for a significant number of people. Hence, as a physician, your words, conduct, and appearance could convey meanings and applications beyond what is intended, and in contentious situations, they could put your career and liberty at grave risk.
The patient is not your enemy. Patients are simply different. Nonetheless, the situation presents an opportunity to carefully examine factors that would have contributed to a patient submitting to a public discourse of their private life. A dispassionate review, including introspection, may reveal insightful dynamics that a physician must recognise in healthcare delivery.
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