Medical indiscretions should be actionable

I refer to the letter by Dr John J Michon, 'Legal move will hurt patients', South China Morning Post, September 12). Dr Michon asserts it would be dangerous for patients if medical negligence was made a criminal offence.

I refer to the letter by Dr John J Michon, 'Legal move will hurt patients', South China Morning Post, September 12). Dr Michon asserts it would be dangerous for patients if medical negligence was made a criminal offence.

Dr Michon's definition of 'medical negligence' leaves lots of room for clarification. As regards taking on a risky or complicated case, medical personnel do cover themselves by numerous forms on which a patient's relatives have to sign.

Looking back on the series of medical blunders in the recent past, it is disheartening and extremely disconcerting to note that the medical personnel involved go scot free. There have been so many instances that even if one wants to, it would be extremely difficult to dismiss them as 'once in a blue moon' incidents.

Dr Michon says reckless or malicious conduct can be dealt with as criminal negligence, but this applies only to a minority of cases. What would these 'minority of cases' comprise of? The incident where blood of the wrong type was transfused, or where milk was intravenously introduced into a patient's body, or where a surgeon cut the right fallopian tube during an appendicitis operation, or where air was pumped into the intravenous line of a patient, or where three patients died during dialysis treatment due to reverse osmosis, or where a patient died because of the wrong concentration of medicine injected? Which one? I am not saying that medical personnel should be crucified or treated as criminals. They are involved in a fundamental action of welfare towards society - that of tending to the sick. But in case of indiscretions or lapses, action has to be taken and must be taken.

The answer is not malpractice lawsuits. These force doctors to take out insurance cover against malpractice suits and ultimately the premium paid by the doctors end up in the patient's bill.

The Government should seriously consider debarring medical personnel involved in and responsible for debacles from practising medicine.

Some may feel this is too high a price to pay. But one has to consider that what medics deal with is the precious commodity called human life.

I do agree with Dr Michon when he says standards of medical care in Hong Kong can and should improve. With all due respect to the medical community by and large, that is the understatement of the year.

GAURI VENKITARAMAN Lam Tin

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