CAWANGAN MEDICO LEGAL BAHAGIAN AMALAN … · dan aduan berpotensi medico-legal pada 2006 hingga...
Transcript of CAWANGAN MEDICO LEGAL BAHAGIAN AMALAN … · dan aduan berpotensi medico-legal pada 2006 hingga...
CAWANGAN MEDICO LEGAL BAHAGIAN AMALAN PERUBATAN KEMENTERIAN KESIHATAN MALAYSIA
Dr Mohamed Faruqi Uzair Bin Mohamed Sidek Ketua Penolong Pengarah Cawangan Medico LegalBahagian Amalan PerubatanKementerian Kesihatan Malaysia
Case Discussions- Recent Medicolegal cases: What
can we learn
BILANGAN ADUAN YANG DITERIMA OLEH KKM DAN ADUAN BERPOTENSI MEDICO-LEGAL PADA
2006 HINGGA 2012
TAHUN BILANGAN ADUAN DITERIMA OLEH KKM *
2006 425
2007 3,758
2008 5,044
2009 5,602
2010 6,001
2011 6,692
2012
JUMLAH
5,614
33,136
* SUMBER : UNIT KOMMUNIKASI KORPORAT, KKM
Potential Medico Legal
Year Cases
2010 202
2011 285
2012 223
2013 235
2014* 186 *Till September 2014
Laporan akhbar/ laporan media elektronik
Sistem SiSPAAA (penugasan
daripada UKK)
Aduan terus melalui
telefon atau datang
sendiri ke CML BAP
Aduan bertulis melalui surat atau email
Aduan melalui pejabat Menteri / KSU / KPK
Aduan yang dipanjangkan daripada JKN beserta Laporan siasatan awal
EX GRATIA
Defini6on: • Origin La2n, ‘from favour’ • adverb & adjec2ve (with reference to payment) done from a sense of moral obliga1on rather than because of any legal requirement. (Compact Oxford English Dic2onary)
PENGURUSAN KES EX GRATIA
§ Ex Gra6a Rawatan Perubatan Kementerian Kesihatan Malaysia 1. Kes-‐kes mediko-‐legal tanpa writ saman 2. Tuntutan pengadu/waris pesakit 2dak melepasi julat masa 3 tahun
(Public Authori1es Protec1on Act 1948)
§ Jawatankuasa Ex Gra6a KKM
Pengerusi (Pengarah Amalan Perubatan) Se2ausaha (Timbalan Pengarah) Wakil Jabatan Peguam Negara Wakil Penasihat Undang-‐Undang KKM [Uruse2a Jawatankuasa Ex Gra2a KKM – Cawangan Mediko legal]
Case 1
• Mr. R came to the A&E department had an alleged MVA (Van vs Car)
• Complained of : -‐Right sided chest pain -‐Shortness of breath -‐Right sided abdominal pain - Le` calf pain -‐No LOC no retrograde amnesia
In A&E
• Triaged to Red Zone • Chest X-‐ray done twice, no rib fracture or pneumothorax noted
• Treated for so` 2ssue injury with mul2ple lacera2on wounds
• Admided to medical ward
In Medical Ward
• Seen by Doctors, pa2ent was mildly tachypnoiec but no respiratory rate noted
• No documenta2on of lower limb findings • Staff Nurse documenta2on : ambula2ng well on wheelchair with mild SOB seen on and off
• Pa2ent discharged the next day on a wheel chair
At Home
• Pa2ent endured pain for 3 days at home, s2ll unable to walk.
• Went to a different hospital who found: 1. Fracture right 1st to 4th ribs 2. Fracture of right superior and inferior pubic
rami 3. Fracture of anterior and posterior column of
right acetabulum with fracture fragment inside the hip joint
4. Crack fracture of right pubic tubercle and right femoral head with slight posterior disloca2on of right hip 5. Slight diasthesis of le` sacroiliac joint 6. Abrasion wound over Lateral right eye and right side of chest wall and right knee
Findings
• According to Pa2ent, did complain of Hip pain and inability to walk
• Complain taken lightly as pa2ent is slightly obese and adributed not walking to laziness
• No complete primary survey X-‐rays done, only CXR was done while cervical and pelvic Xray not done
• Nursing assesment was done but inaccurate. Although the pa2ent was on wheelchair, passing urine in urinal and unable to go to the toilet himself, he was assessed as ambulatory and independent.
• None of the SN or MO ever saw the pa2ent standing or walking but failed to ask why or further assess the pa2ent again
Conclusion
• There was substandard care for this pa2ent in term of assessment and treatment by staff
Case 2
• Pa2ent is an 18 Years Old Student came to the Hospital with a complain of generalized body swelling for 3 days.
• Pa2ent was treated for Nephro2c Syndrome and started on Prednisolone (steroids)
• 10 months later because pa2ent has failure to achieve remission he was referred to another hospital for a renal biopsy to rule out Lupus Nephri2s
• Pa2ent was discharge well with Prednisolone • 3 weeks later pa2ent came to the A&E department with rashes over the face and chest with severe abdominal pain.
• Pa2ent passed away a`er 3 days in the ward whilst in ICU
Findings
• According to Pa2ent, did complain of Hip pain and inability to walk
• Complain taken lightly as pa2ent is slightly obese and adributed not walking to laziness
• No complete primary survey X-‐rays done, only CXR was done while cervical and pelvic Xray not done
• The Prednisolone was dispensed by PRP (Provisionally Registered Pharmacist) and was unsupervised by Pharmacist. The pharmacist in charge of satellite pharmacy was running a MTAC (Medica2on Therapeu2c Adherence Clinic). A relieve Pharmacist could not be assigned because all the Pharmacists were involved in the moving of Pharmacy office and store to new sites.
• The father of the pa2ent realized that the medica2on was twice a day and not once a day and asked the counter but was scolded and to just follow whatever is ordered
Conclusion
• There was substandard care for this pa2ent in term of assessment and treatment by staff
The Pains of Court Litigation q Medical Negligence Litigation has never been a haven
for neither patient nor doctor. q Although one is innocent until proven guilty, a medical
negligence claim assaults doctor’s credibility, insinuate faulty judgment even though at the end of the trial the doctor is found not guilty.
q For the patient, there are so many obstacles in
bringing a successful claim in negligence.
Name, Shame and Blame
q The threat of litigation compels the doctor to view his patient as a future adversary in a courtroom proceeding.
q “For 7 years it went on, months of sitting in court listening to what a
terrible person you are, no one recovers from that. It is on your mind every day, every minute. It changed the whole way I practiced. The empathy I had, that I was known for, just wasn’t there anymore. Every patient was a potential law suit.” - Canadian retired doctor
Silversides, A. “Fault/no fault: bearing the brunt of medical mishaps, CMAJ
News, August 12, 2008, 179(4).
Dr Puteri Nemie Jahn Kassim IIUM
Further….
� Medical negligence – longest to try
compared to other personal injury claims.
� Rise in medical insurance premium
rates.
Norizan v Dr Arthur Samuel (2013)
q Pff and her husband requested for termination of pregnancy and insertion of contraceptive device in a single procedure
q Defendant agreed to carry out the procedure but did not inform of the risks inherent in performing both procedures at once.
q During the procedure, def perforated her uterus…required emergency hysterectomy
q Pff and her husband claimed would not have proceeded if had known about the risks
The choice was theirs…and they needed information..
q There was an increased risk of aperforation of the uterus due to pff’s previous pregnancies and termination of pregnancy.
q If they had known…they would have opted for a safer method rather than going for D&C and IUD in a single procedure.
q By failing to inform the risks, they were denied of considering other alternatives
available.
But Informed Consent is not just a principle
IT IS A PROCESS….which starts from the time which the doctor and patient discusses
the proposed actions, risks, benefits and alternatives….a process which require
disclosure of pertinent information, comprehension and voluntary
agreement…
FACTS OF THE CASE
• The Plaintiff was referred to the 2nd Defendant (O&G) for the removal of a cervical polyp.
• The polyp was removed and an ultra-
sound revealed that the Plaintiff’s uterus was enlarged due to a uterine fibroid.
• The Plaintiff claimed that she informed the 2nd Defendant that she planned to conceive again and she intended to enrol in a “baby choice” programme to conceive a baby boy. She thus wanted the fibroid removed.
• On 19.9.2002, the Plaintiff was admitted
for the removal of the fibroid. On this date, she was asked to sign a consent form which merely had her name and identity card number filled up.
• O n 3 0 . 9 . 2 0 0 2 a t t h e f o l l o w u p appointment, the Plaintiff asked the 2nd Defendant when she could conceive again and was shocked to learn that the 2nd Defendant had instead performed a hysterectomy on her.
• The 2nd Defendant apologized, stating
that he had performed the hysterectomy, assuming the Plaintiff no longer wanted any more children.
THE PLAINTIFF’S CASE
• The Plaintiff informed the 2nd Defendant that she planned to conceive again. She was told that the fibroid will not cause her any problems unless she intends to conceive. She agreed to undergo an operation to remove the fibroid because she was planning to undergo a baby choice programme.
THE 2ND DEFENDANT’S CASE
• The 2nd Defendant claimed that the Plaintiff had complained about having heavy and painful menstruation and that he advised her that the only treatment that would completely overcome her condition was a hysterectomy (that was to be only undertaken if she no longer wanted children).
• The 2nd Defendant claimed that the Plaintiff did not inform him that she intended to have more children or participate in a “baby choice” programme.
• The Plaintiff was given an explanation of
the hysterectomy in the presence of her husband and a nurse. (However, at trial, the nurse was not called to give evidence)
• At the material time, the Plaintiff was 38 years old and had 4 children. The Plaintiff did not inform the 2nd Defendant that she intended to have more children.
COURT HELD:
• The evidence clearly established that the operation conducted on 19.9.2002 was to r e m o v e a f i b r o i d ( l a p a r o s c o p i c myomectomy), but instead, the 2nd Defendant had removed the Plaintiff’s uterus (hysterectomy).
• The fact that the 2nd Defendant had
apologized to the plaintiff proved that he had admitted to a mistake.
• The Court awarded the Plaintiff a sum of RM120,000.00 as general damages for the loss of uterus, inability to conceive, injury and pain and suffering.
• The hospital was vicariously liable for the
2nd Defendant’s conduct. Although the hospital argued that the 2nd Defendant was practicing as an Independent Consultant, the hospital did not produce any written agreement to prove this
47
Abdul Razak Datuk Abu Samah v Raja Badrul Hisham Raja Zezeman Shah & Ors [2013] 3 CLJ 1130, HC
Material Facts
l Pa2ent had intes2nal obstruc2on confirmed by CT Scan l Urgent surgery was recommended
l The pa2ent regurgitated a large volume of stomach fluid which entered her lungs whilst anaesthesia was being
administered l The pa2ent died of aspira2on pneumonia
l The husband sued and claimed negligence by the doctors involved
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Material Facts : (Cont’d)
• Before surgery, the surgeon advised the Pa2ent on the inser2on of Ryle’s tube – to reduce the risk of the Pa2ent aspira2ng on her stomach content.
• Despite advise, the Pa2ent refused the use of a Ry le ’ s tube because she had found i t uncomfortable.
• The Pa2ent unfortunately regurgitate a large amount of stomach fluid which entered the Pa2ent’s lungs.
• She passed away the next day from aspira2on pneumonia.
Evidence led in Court:
The Plain2ff (the pa2ent’s husband) “Over the telephone, Raja Badrul informed me that that he had
to operate on my wife that very day. I agreed to the operaEon”.
The Judge said that:
“According to the plainEff, that was all the first defendant said to him and the plainEff abided by the first defendant’s decision
and recommendaEon.”
The Court findings were that:-‐ • It was common ground that the inser2on of a Ryles tube is a recognised and recommended technique
• The doctors tes2fied that the pa2ent refused to have a Ryles tube inserted before induc2on of anaesthesia
• The first defendant (surgeon) asked the second defendant (anaesthe2st) to address this issue but the second defendant was called away on an emergency and le` it to the fi`h defendant (the medical officer)
The Court also found that:-‐ § No record to show that the pa2ent had been advised of the material risk of proceeding with surgery without having a Ryles tube inserted
§ The pa2ent’s consent for surgery was obtained by the surgeon’s surgical trainee who was not called as a witness
§ No witness to the signature of the pa2ent on the consent form
§ The surgeon assumed that the trainee had explained the risks of surgery but could not be sure
During trial:-‐ The Medical Officer tes2fied that he had
explained to the pa2ent that a Ryles tube is needed to reduce the risk of aspira2on. But the pa2ent refused.
So….?
Was the pa2ent advised that there was a risk of death from aspira2on or an increased risk of death because of her full stomach?
The Ruling:-‐
• The Colorectal Surgeon, the first Consultant Anaesthe2st, the Hospital and Medical Officer were held liable
• However, the claim against the other Consultant Anaesthe2st was dismissed as he played a very limited role in the care of the deceased and the medical decisions that were taken. There was insufficient evidence to establish negligence
Why are Medicolegal Issues Important
• As Doctors, we all make mistakes • Even an experienced Surgeon can slip up • Current Scenario -‐ Doctors need to jus2fy their ac2ons more and more to pa2ents
-‐ Understanding how medicine and law interact is crucial to ensure a safe and happy prac2ce
Top 5 Medicolegal Hazards
• Consent • Prescribing • Confiden2ality • Documenta2on/ Record Keeping • Probity
1.Consent
• Failure to take consent properly can lead to medicolegal problems
• If consent comes under scru2ny you need more than a signature on consent form
• Who should take consent?
Tips • Always act in your pa2ent’s best interests. • Record in the notes what a pa2ent has been told. • Use your common sense – consent is pa2ent-‐specific and depends on theindividual’s circumstances, including age, lifestyle, occupa2on, spor2ng interests, expecta2ons etc. It may well be that you are not in a posi2on to advise fully eg, professional sports people
• Pa2ents right to refuse treatment • The law concerning incompetent adults, who are unable to give valid consent, is more complicated– if in doubt consult a senior colleague.
2. Prescribing
• One of the most dangerous areas for clinicians • Always document allergies, doses, frequency • If unsure about prescrip2on, or mishear on a ward round, always seek clarifica2on-‐ NEVER GUESS
Tips • Prescrip2ons should clearly iden2fy the pa2ent, the drug, the dose, frequency
• and start/finish dates, be wriden or typed and be signed by the prescriber.
• Be aware of a pa2ent’s drug allergies. • Verbal prescrip2ons are only acceptable in emergency situa2ons and should be wriden up at the first available opportunity
• Par2cular care should be taken that the correct drug is used.
3. Confiden2ality
• La2n con ‘with’ and fidere ‘to trust’ • Cornerstone of a successful doctor-‐pa2ent rela2onship
• Personel Data Protec2on Act • Social Media
Tips • Before breaching confiden2ality, always consider obtaining consent. • Take advice from senior colleagues. • Remember that confiden2al informa2on includes the pa2ent’s name. • Competent children have the same rights to confiden2ality as adults. • Doctors can breach confiden2ality only when their duty to society overrides their
duty to individual pa2ents and it is deemed to be in the public interest. • Doctors are required to report to various authori2es a range of issues, including
no2fiable diseases (eg, TB), births, illegal abor2ons etc • The courts can also require doctors to disclose informa2on, although it would be
a good idea to discuss with appropraite authori2es • High-‐risk areas where breaches can occur are li`s, canteens, computers,
printers, wards, A&E departments, pubs and restaurants. • Be careful not to leave memory s2cks or handover sheets lying around.. • Be careful what you post on Social Media
4. Documenta2on/Record Keeping
• Must be kept primarily to assist the pa2ent when receiving treatment
• Secondly, for future li2ga2on, notes will form the basis for defence
• Notes are a reflec2on of the quality of care
Tips • Always date and sign your notes, whether wriden or on computer. Don’t
change them. If you realise later that they are factually inaccurate, add an amendment.
• Any correc2on must be clearly shown as an altera2on, complete with the date the amendment was made, and your name.
• Making good notes should become habitual. • Document decisions made, any discussions, informa2on given, relevant
history, clinical findings, pa2ent progress, inves2ga2ons, results, consent and referrals.
• Medical records can contain a wide range of material, such as handwriden notes, computerised records, correspondence between health professionals, lab reports, imaging records, photographs, video and other recordings and printouts from monitoring equipment.
• Do not write offensive or gratuitous comments – eg, racist, sexist or ageist remarks. Only include things that are relevant to the health record.
5. Probity
• the quality of having strong moral principles; honesty and decency
• Must be honest and trustworthy when signing forms, reports and other documents
Tips • If you are uncertain double check your work with a senior.
• Take steps to verify what you are saying. Never sign a form unless you have read it and you are absolutely sure that what you are saying is true.
• Be honest about your experiences, qualifica2ons and posi2on.
• Be honest in all your wriden and spoken statements, whether you are giving evidence or ac2ng as a witness in li2ga2on.
• Assume that all records will be seen by the pa2ent and/or others, eg, MMC, court.
Thank You
Dr Mohamed Faruqi Uzair bin Mohamed Sidek Cawangan Medico Legal
Bahagian Amalan Perubatan Kementerian Kesihatan Malaysia