Police can't handle malpractice cases

Abdul Khalik, The Jakarta Post, Jakarta

After hours of questioning inside a tiny room, Edison Manik and Ramadani breathed a sigh of relief and walked out of the city police's public complaint center.

"We hope the police will resolve our cases and justice is in sight. I can't stand watching my wife in pain anymore," Edison said at city police headquarters on Monday afternoon.

Edison and Ramadani had just filed malpractice complaints against the Persahabatan and Pondok Kopi Islamic hospitals, both in East Jakarta.

Edison's wife fell severely ill after undergoing a hemorrhoid operation at Persahabatan hospital in August 2004, while the health of Ramadani's wife has deteriorated since a caesarean operation in April.

Edison's and Ramadani's high expectations, however, may end in disappointment as earlier investigations into alleged malpractice have gone nowhere.

Police have cited legal loopholes and red tape as reasons why most alleged malpractice cases reported to them have not been brought to court.

City police spokesman Sr. Comr. Tjiptono acknowledged on Monday that his office was struggling to investigate the many malpractice cases they were handling due to difficulties in gathering evidence.

"We can't submit the case files to prosecutors if we don't have enough evidence," he said.

He said the Medical Law, enacted last September, did not include an article on malpractice. Instead, the law defines malpractice as a case in which an individual commits fraud by posing as a doctor, nurse, health worker or other medical professional.

Another obstacle is that police encounter difficulties in finding experts to testify that patients were actually ill because of doctors' negligence as they have to consult with the Medical Ethics Council to find an expert, Tjiptono said.

"The council determines who will step forward as an expert, which takes time. How can we determine whether a malpractice report is factual if we don't have a witness," he said.

Tjiptono said police would continue to coordinate with the council to resolve all alleged malpractice cases.

Leo Irfan Purba of the Legal Aid Institute for Health, who accompanied Edison and Ramadani, complained that since 2004 they had accompanied patients to file 35 reports to police but none of them had reached court.

"Police always say they are still looking for sufficient evidence. But many of our clients have died during the waiting period. However, we will not stop filing reports as the more cases we file the more chances we have," he told The Jakarta Post.