• 
• 

Published on December 20, 2007

 The Justice Ministry is backing a Medical Council plan for a new law preventing criminal lawsuits against doctors unless clear evidence proves an intentional mistake or gross negligence.

Ministry's Permanent Secre-tary Jaran Pakdeethanakul said yesterday the ministry supported the new law after verdict on December 6 by the Thung Song criminal court in Nakhon Si Thammarat.

It found Dr Suthiporn Kraimak guilty of causing a patient's death by injecting anaesthetic into the spinal cord. He was sentenced to three years in jail.

The sentencing had affected physicians across country, particularly in rural areas, Jaran said.

"If we do not revise the existing legal procedure, it will have an adverse impact on the medical industry nationwide," he said. Since the existing criminal code does not clearly specify the considerations to be made in medical lawsuits, many judges do not have enough information or knowledge to arbitrate medical cases, which is why many physicians end up receiving criminal punishment, he explained.

The new law, entitled "Liability and Legal Procedure for Health Professionals", drafted by the Medical Council, would ensure that judges have information from health experts so they are better equipped to consider medical lawsuits.

Jaran suggested the law also ensure medical cases be negotiated by a panel, which includes a health expert and representatives of both the doctor and the patient.

He said the structure should be similar to the panels used in the Labour Court and this should guarantee fairness for all parties.

Under the new law, physicians will not be sentenced to civil or criminal punishment unless it can be proved the malpractice was caused intentionally or through gross negligence.

Jaran said he backed the Public Health Ministry's plan to set up a negotiating committee to mediate and help resolve conflicts between patients and doctors before the case is taken to court.

"Most patients do not want to sue their doctors, they just want an explanation about what happened," he said.

Jaran suggested the Medical Council ask the 2007 National Health Bill be revised and include the new regulations instead of pushing for a new law. This way, he said, many steps in the legislative procedure would be cut down.

Dr Amnat Kusalanant, secretary-general of the Medical Council, urged the health minister to push for the new law at the latest Cabinet meeting, in the hope it would be sent to the State Council for approval and then be considered by the National Legislative Council.

"We expect the National Legislative Council to issue the new law which should protect us," he said.

Amnat said the council would consider various options, including the revision of the 2007 National Health Bill.

Dr Jaktham Dhammasak, Health deputy permanent secretary, said the ministry had assigned the Department of Health Services to revise the consent form used in hospitals across the country.

He said the existing consent form was no longer applicable because it was created more than 20 years ago and could not protect doctors from malpractice lawsuits.

Pongphon Sarnsamak

The Nation