Suing doctors should never be a frivolous decision: Forum

I refer to the report on the National University Hospital (NUH) withdrawing its bankruptcy bid against a former patient (NUH withdraws bankruptcy bid after finding out ex-patient was in nursing home, June 9).

In this case, a 61-year-old man unsuccessfully sued the NUH Emergency Department for missing the diagnosis of cervical myelopathy, when his presenting complaints were chest pain and shortness of breath in mid-March 2011. NUH refuted the accusations and was allowed to recuperate about $230,000 in legal fees from the plaintiff.

The public ought to be aware of a few medical realities before taking their doctors or hospitals to court.

First, many serious medical conditions present with non-specific symptoms and signs. When the typical symptoms appear, the condition may already be in the advanced stage. In the current case, by the time the patient presented with numbness of the limbs, the diagnosis of cervical myelopathy was apparent, but it was already in serious state.

Second, taking legal action against doctors and hospitals is an expensive endeavour. Expert witnesses and lawyers would be employed by both the plaintiff and the defendant, and they are costly. If a patient loses the trial, he would have to pay for both his and the hospital’s legal fees.

Third, the winning side can recuperate only 40 to 70 per cent of the total legal costs from the losing side. So even if the hospital wins the court case, it will still lose out financially.

Lastly, restructured hospitals are public institutions financed by subsidies from the Government and payments of patients, and provide medical service for the public. When restructured hospitals lose money in legal fees and damages, either their services have to be trimmed, or they ask for more subsidies from the Government, or they increase fees for other patients.

Patients should be very certain before they decide to sue their doctors and hospitals. It’s a good practice to involve several expert witnesses to give honest and independent opinions about their chance of winning, rather than depending on one or two expert witnesses.

If they are seeking justice for perceived mistreatment, they can make a complaint to the hospital, the Singapore Medical Council or the Ministry of Health.

Suing doctors should never be a frivolous decision.

Dr Desmond Wai

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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