Malpractice victims pessimistic on disciplinary council
Dewi Santoso, Jakarta
Medical malpractice victims can now look forward to having their demands for justice fulfilled after the House of Representatives and the government agreed to establish a disciplinary council that will handle cases of misconduct in the practice of medicine.
House people's welfare commission deputy chairman Achmad Sanoesi Tambunan said on Friday that the council would determine whether cases involved malpractice or negligence.
"When it comes to the hierarchy, the disciplinary council will be on the same level as the medical council," said Sanoesi.
The disciplinary council will consist of doctors and legal experts. Sanoesi said the House and the government were still discussing the appropriate number of members to sit on the council and its makeup.
The establishment of a medical disciplinary council has been long awaited. But, according to Irene Rahman, the wife of alleged malpractice victim Irwanto, it is nothing more than another empty hope.
"I'm pessimistic that the council will make a difference as no doctor will be willing to testify against his peers," said Irene.
Irwanto was allegedly misdiagnosed by a doctor last year when he suffered chest pains. The doctor diagnosed the complaint as a cardiac problem and prescribed heart medicine.
Two hours later, Irwanto felt an excruciating pain in the back of his neck and suffered a ruptured vein, which left him paralyzed from the chest down.
His case is currently being heard by the district court. He has demanded that the doctor involved publish an apology in seven newspapers.
Health expert Kartono Mohamad, however, expressed optimism that the council would indeed open the possibility of bringing malpractice cases to court and protect the rights of victims, provided that the council was independent.
"So long as the members are doctors of high integrity, there will be no such thing as conflicts of interest," said Kartono.
According to Sanoesi, the medical practice bill will define malpractice as resulting from either negligence or a statutory offense.
"A case may be considered as malpractice if it results from negligence as when, for example, a doctor sloppily leaves a pair of scissors in a patient's body after surgery," he told The Jakarta Post.
This kind of case, he said, would then go to the professional council for further proceedings.
"However, if a patient dies due to a doctor's irresponsible act, the case will be brought to court," said Sanoesi.
He was uncertain, however, about misconduct that left a patient incapacitated.
"For cases in this gray area, if they are heard by the district court, the judges will also be drawn from the membership of the disciplinary council so as to ensure that the trial is fair for both sides," he said.
Asked about the possibility of unfair trials resulting from the fact that the judges would also be doctors given the fear that no doctor would be willing to convict and sentence one of his peers, Sanoesi only replied: "Not all the judges will be doctors, some of them will also be legal experts."