Forum: Clarity over doctor’s criminal prosecution would be useful

Like other humans, doctors can make mistakes (Doctor who mistakenly cut woman’s arteries during kidney surgery charged with causing her death, March 12). Errors of judgment may occur in medical treatment or during surgery.

In addition, even when the best available treatment is given, some high-risk patients may still experience complications or adverse outcomes.

In Singapore, cases of suspected malpractice or professional negligence are usually referred to the Singapore Medical Council, which evaluates the conduct of the doctor through a disciplinary process. If a doctor is found guilty of professional misconduct or negligence, penalties may include fines, suspension or removal from the medical register.

Separately, patients may pursue civil claims against doctors for compensation.

Criminal prosecution of doctors is rare. When it occurs, the consequences may include a criminal conviction and imprisonment. In recent years, the doctors charged with criminal negligence have largely been aesthetic practitioners involved in procedures that resulted in the death of patients.

Given this context, it would be helpful if the Attorney-General’s Chambers could clarify, particularly for the medical community, the considerations leading to the decision to bring criminal charges in this case.

Without such clarity, there may be concern among doctors that adverse outcomes in complex or high-risk cases could expose them to criminal liability. This could inadvertently encourage defensive medicine, where doctors become reluctant to treat difficult conditions or high-risk patients for fear of legal consequences.

Desmond Wai Chun Tao (Dr)