Police draw skepticism over capacity to prove medical malpractice
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Police officers search neonatal intensive care unit at Ewha Womans University Medical Center in western Seoul, Dec. 19. Korea Times photo by Bae Woo-han
By Lee Kyung-min
Investigation into the deaths of four premature babies faces a major challenge as police have neither the sophisticated methods nor the manpower equipped with in-depth knowledge to prove medical malpractice, Monday. The burden of proof in a medical malpractice dispute is on the claimants as they have to prove causality between deaths or injuries and the treatment given. Courts entirely finding for the claimants in civil suits account for less than 1 percent of total rulings, according to experts. Likewise, courts in criminal suits rarely recognize such claims unless the prosecution proves beyond a reasonable doubt that the physical damage was the direct result of medical malpractice.
Police questioned a head nurse and a pharmacist at Ewha Womans University Medical Center over how the hospital managed day and night shifts, the chain of orders and commands, as well as how the intravenous solutions were administered.
They also searched the neonatal intensive care unit (ICU) and confiscated medical devices and records including surveillance video footage.
Parents of the babies have raised suspicions that the deaths were due to medical malpractice or preventable causes.
However, experts say identifying the cause of death in large hospitals itself is a major challenge as various factors could contribute to causing an infection. Even if the infection is confirmed, proving that it occurred due solely to the staff’s fault, including a failure to maintain hygiene and other protocols would be a challenge, a task impossible to do unless a person with the same level of knowledge that medical professionals have conducts the investigation.
Police are currently working to identify the cause of the deaths with the help of some medical experts; but others said proving it was the fault of hospital staff would be a challenge.
“The infection could have spread in many ways,” a professor at the infectious disease department of a Seoul university said. “It could have been transmitted by medical devices such as catheters or ventilators, or by staff. In some cases, infections just occur when there is seemingly no apparent mistake made by hospital staff. It is possible that no one can be held accountable.”
The only viable option is to gather as much physical evidence as possible and statements from staff who worked at the hospital and match them with the findings of the health authorities.
“Questioning ICU staff, especially those who worked on the day of the deaths and comparing their statements will provide clues in this case,” the doctor said.
Meanwhile, many hospitals say a lack of manpower at ICUs should be addressed before faulting staff there.
The number of premature babies is on the rise _ 29,000 last year, up 7.2 percent from a year earlier. However, one nurse has to take care of up to ten babies in ICUs at eight out of ten hospitals. Of 3,400 incubators, more than a third has been in use for more than 10 years. The Ministry of Health and Welfare said it was conducting an inspection into ICUs including manpower allocation.