MALPRACTICE
APIRADEE TREERUTKUARKUL
The Appeals Court yesterday overturned a jail sentence handed to Suthiporn Kraimak, a rural doctor from Nakhon Si Thammarat, on a charge of medical malpractice resulting in the death of a woman undergoing an appendectomy. The court ruled the doctor did not intend to harm Somkuan Kaewkongchan, who died during the operation in 2002 due to an overdose of anaesthetic.
The doctor was working at the Ron Phibun Hospital in Nakhon Si Thammarat's Thung Song district at the time.
The court reversed a ruling by the Thung Song Criminal Court, which sentenced her to three years' imprisonment last December for injecting an incorrect dose of anaesthetic into Somkuan.
It was the first time a doctor has been given a jail term for medical malpractice. Dr Suthiporn's case caused an uproar with doctors threatening to stop performing operations at rural hospitals and instead referring patients to big hospitals to avoid accusations of medical malpractice.
The Public Health Ministry in January appealed against the lower court's verdict, while the victim's daughter, Sirimas Kaewkongchan, gave a written statement to the ministry agreeing not to pursue a criminal case against the doctor.
''The higher court ruling has boosted the morale of rural doctors who have to work under the pressures of patient overload. It also sets a standard for them to work professionally and ethically,'' said public health permanent secretary Prat Boonyawongwirote.
A lack of anaesthetists, specialists and essential equipment in remote hospitals gives rural doctors too heavy a workload, which can lead to errors and legal disputes, Dr Prat said.
Ms Sirimas said she was satisfied with the court ruling.
''I didn't want Dr Suthiporn to be put in jail in the first place. All I wanted was an apology from the doctors involved at the hospital for letting an accident happen,''she said.
However, she will continue a civil case against the Public Health Ministry as her mother died of medical malpractice.
She asked for 2.08 million baht in compensation. The Supreme Court is considering the case.
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