From time to time we hear about people who went to the hospital on foot to get treatment but soon they left the hospital in an ambulance on their way to Abu Hamour, their final resting place. Others have surgery on their healthy leg instead of the diseased one.
My family has suffered its fair share of medical errors, including ones that could have taken the lives of two of my family members, my mother and my wife, but by the grace of God things got okay later.
There are many stories of medical errors. These errors happen because of failure by doctors to carry out their duties properly, whether intentionally or otherwise. The question is, who is responsible for medical errors?
Medical errors happen due to doctors, their support staff, lab technicians, pharmacists and nurses lacking sufficient experience. They can also occur when medical practitioners are involved in operations, or when they use new techniques or are dealing with emergency cases or complications resulting from treatment.
A report issued recently by the American Medical Association said there are about 98,000 cases of death due to medical errors in the US every year, and they cost about $29bn.
British law does not stipulate any penalty for medical errors, while French and US laws criminalise medical errors and give the affected individuals the right to get fair compensation from the medical corporation or doctor or both. To my knowledge, most verdicts against doctors do not go beyond six months of suspended imprisonment.
Meanwhile, Article 47 of Qatari Penal Code No. 11/2004 says that it is not a crime if the error is committed in good faith, putting into effect a principle drawn from Shariah, which says that if the profession is practised in accordance with accepted techniques, and with the consent of the patient or his guardian, a medical error would not amount to a crime.
This article allows doctors to do their work according to accepted scientific principles because the medical profession is a legitimate profession. If errors occur, doctors are accountable, but not in the same way as for causing intentional harm. This means doctors are not responsible for the result of the medical treatment as long as they carried out their duty properly and in accordance with medical principles.
But who can judge whether there is a medical error or not in Qatar?
Current investigative procedures for medical errors that result in death or complications are not sound because the case is referred to the Medical Services Administration at the Ministry of Interior. I do not doubt the capabilities of its staff, but at the same time, it is a governmental body and not a neutral one.
I did my best to get credible statistical data on medical errors in Qatar, but it was in vain because of the lack of a reporting mechanism in hospitals under the principle of “confidentiality of patient information” and the need to protect the rights of medical staff.
There is need for the establishment of an independent authority for quality assurance in hospitals, run by qualified Qataris who possess the medical and legal knowledge to create a safe environment for the beneficiaries and develop a system for detecting medical errors in public and private medical institutions and correcting them. This independent body should also function as an objective arbiter that presents its reports to the Administrative Control and Transparency Authority, to Shariah courts and Public Prosecution.
It should also be responsible for reviewing medical practitioners’ qualifications in the public and private sectors.
Some people may say that this “hard line” policy will lead to many medical errors coming to light and huge penalties, which in turn will push up health insurance fees and eventually raise the cost of treatment in general. To such people I would say the health and safety of citizens and residents are much more important and valuable.
The medical profession, as everybody knows, aims to cure people of diseases and alleviate their suffering. Medical mistakes, however, can occur for several reasons. The condition of patients can sometimes deteriorate despite appropriate medical care. Doctors maintain that medical errors (whether by individuals or institutions) are not premeditated. Without protection against the legal consequences of medical errors, doctors may hesitate to offer their services to patients. They may even refer them to other doctors simply because they do not want to suffer the same fate as a colleague who was jailed because of a medical error.
The Qatari government supports the health sector in this country. Nobody can deny the billions spent annually on providing healthcare to citizens and residents. The shocking thing, however, is that health services are going from bad to worse even with all this support. The number of cases referred to the Supreme Judiciary Council is also on the rise and this will make doctors feel more reluctant to offer the appropriate treatment at the right time.
It is important to find a middle ground that offers protection to both doctors and patients. At the same time, I pray to God to cure all patients.
