A patients’ group has accused Hong Kong’s Medical Council of setting a “bad and unjust” precedent that could allow doctors to evade responsibility after it terminated an inquiry into a paediatrician due to a prolonged procedural delay of 8½ years by its secretariat.
The group also threatened to launch a judicial review and appeal to Chief Executive John Lee Ka-chiu over what it called “injustice”, if the council failed to overturn its decision in two weeks.
Patients’ Rights Association spokesman Tim Pang Hung-cheong lashed out at the council on Wednesday, and warned the ruling – the first involving a suspected medical blunder – would encourage practitioners suspected of negligence and malpractice to seek a stay of proceedings in future cases as an “escape route” from accountability.
“We have great concerns over the ruling on Tuesday due to its flawed legal reasoning as we fear that it might open the floodgates to cases where doctors take advantage of it to evade a fair trial,” he said.
“If, in the future, doctors use the same excuse of ‘prolonged administrative delay’ to apply for a stay of proceedings, how will the Medical Council uphold public interest and safeguard the delivery of justice?”
His remarks came a day after the council’s inquiry panel ordered a stay of proceedings against paediatrician Sit Sou-chi, who was accused of a medical blunder in Baptist Hospital on December 22, 2009.
