When everyone’s eyes is on the new elected cabinet ministers, the Health Ministry has apologized to the family of A. Seva, a deceased who died from ‘septimic shock’ as a result of the negligence of the hospital employees in Pahang in mid-April. Our Health Minister, who is also the Bentong MP has stressed and insisted that proper patient care by their staff and caring attitudes when treating patients.
Soon after the accident in Pahang, another unfortunate incident happened in Kajang Hospital whereby a newborn baby died shortly being delivered through a vacuum procedure. As a result of the procedure, the baby had fractures to his shoulders and skull. Under such circumstance, the Health Ministry had told the press that disciplinary action will be taken against person concerned.
In the first incident, Seva’s mum has lodged a police report claiming that her son’s death was due to the negligence of the hospital. As a result, ex-gratia payment is assured by the government. However, in the second incident, the government has chosen a defensive mode unlike the apologetic mode in the first incident. It may be inferred that the latter victim’s family has opted to file a suit for RM2mil against the government for medical negligence which may lead to the defensive reaction by the government; or giving the benefit of doubt, the investigation of the cause of the death of the newborn baby is still on going.
The law on medical negligence has started its new era after our Apex Court has delivered its Judgment in Foo Fio Na v. Dr. Soo Foo Mun & Anor in which the Federal Chief Judge held that ‘Bearing in mind of authorities, there is a need for members of the medical profession to stand up to the wrong doings, if any, as is the case of professionals in other professions. In so doing, people involved in the medical negligence cases would be able to obtain better professional advice and that the court would be appraised with evidence that would assist them in deliberations.’ Thoughts have been given to a phrase by Lord Woolfe, ‘Doctor knows best’ and qualified with these words ‘if he acts reasonably and logically and gets his facts right’.
It is urged that the professions whom the people have put their trust over their lives to be serious in their practice by ‘acting reasonably, logically and getting the facts right’ when it is not too late to apologize.
Apology may not necessary constitute as admission; Defensive may not be fled from liability; But surely misfortune is a failure to take reasonable step to remedy it.
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1 [2007] 1 CLJ 229
1 comment:
"Apology may not necessary constitute as admission"? Now you remind me of Hishammuddin's apology of brandishing keris in UMNO GM. He conscripted an apology along the line of your quotation. But I believe you want us to read it in the context of your article, so higher health-care cost to expect as the culture of medical litigation start to spread in M'sia.
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