The reason behind the move was a jump in criminal lawsuits filed against doctors, which had shaken the medical profession's morale, said Dr Somsak Lolekha, president of the council.

The council had already drafted a bill entitled "Liability and Legal Procedure for Health Professionals" and hopes it may become law within the tenure of the interim government, said Dr Amnat Kusalanunt, secretary-general of the council.

"It shouldn't be that anytime a patient dies, a doctor faces a criminal suit," he said. "As their work is to save people's lives, doctors should not be left to live in fear."

Mounting concerns among doctors over the risk of being sued, particularly those at small hospitals, had forced them to protect themselves first - rather than the life of the patient, Somsak said.

In the past, doctors would try their best to save a patient's life, no matter how slim the chance of survival. But nowadays, many just sent patients to a larger hospital - to avoid the risk of being sued if the patient died, Amnat said.

Last year, two male doctors on Samui Island faced a four-year jail term after a court found them guilty of ordering painkillers for an in-patient over the phone, said Dr Phairot Boonsirikhamchai, a medical law expert with the council. The patient died and the two doctors were charged with gross medical recklessness, he said.

The bill has been proposed as an amendment to the Criminal Law, Amnat said.

It would also establish a fund to assist patients affected by medical errors. The fund would aim to ease potential rifts between patients and doctors, with money paid to the affected patients right away, rather than waiting for proof on whether "errors" were a doctor's fault or not, Phairot said.

But a non-government group dedicated to the victims of medical malpractice cast doubt on the council's proposals. "I bet that is not going to happen," Preeyanant Lorsermvattana, head of the Thai Iatrogenic Network said.

"No patient wants to see a doctor facing criminal charges, but why should medical professionals be given such a privilege?" But she agreed with the fund for "medical victims".

Arthit Khwankhom

The Nation