Blunder docs cleared of manslaughter

A magistrates' court has dismissed manslaughter charges against two public hospital doctors over a drug prescription blunder that caused the death of a mother of two after a liver transplant six years ago.

Lam Chi-kwan, 50, and Chan Siu-kim, 45, who each faced one count of manslaughter over alleged human error and negligence in the death of Tang Kwai-sze, 43, appeared before principal magistrate Ivy Chui Yee-mei at Eastern Magistrates' Court.

There, the prosecution submitted an application to drop the manslaughter charges against Lam and Chan after an investigation and considering the criminal prosecution code.

The prosecution said it also informed the Coroner's Court of the dismissal of the charges so it can launch an inquest into Tang's death.

A Department of Justice spokesman said prosecutors have a responsibility to review ongoing cases.

The two doctors had pleaded guilty to professional misconduct before the Medical Council two years ago, with both their licenses suspended for three to five months.

But their punishment was suspended and the two are still practicing - Lam at United Christian Hospital and Chan in a Tsim Sha Tsui clinic.

The council heard Tang was found to be a hepatitis B virus carrier, but the two doctors did not notice that fact in her medical record. They failed to prescribe anti-hepatitis B viral drugs when treating her kidney inflammation in January and February 2017 with a high dosage of steroids, which can induce hepatitis.

In April 2017, Tang suffered from acute liver failure and had to receive a liver transplant, but she passed away after two surgeries from a living donor.

Medical sector legislator David Lam Tzit-yuen supported the decision to drop the charges. Lam, who attended the court hearing yesterday, noted the Medical Council had held disciplinary hearings and reviewed evidence from professional perspectives.

It was more appropriate to launch a coroner's inquest rather than a criminal prosecution, he added.

"If there is a knife hanging over our heads, meaning all decisions medics make can be reviewed and [they could be] accused of serious negligence, it will be difficult for all medical workers," he said outside court.

"All medical workers should do their best in helping people, and we should treat patients with all the knowledge and skills we obtain. That's how we can do our duty of care."

Alex Lam Chi-yau, chairman of Hong Kong Patients' Voices, said it was not surprising the prosecution dropped the charges against the two doctors.

He now hopes the Coroner's Court can handle the case as soon as possible to review whether there are structural problems at public hospitals.

Public hospitals treat a large number of patients every day, he added, and medics will be under pressure if their negligence caused by a lack of consultation could lead to prosecution.

A spokesperson for United Christian Hospital said it was aware of the court decision, and it will refine doctors' drug prescription procedures.

The hospital said it had also enhanced training and reminded medics to maintain close communication with patients on their health conditions.

In an internal e-mail yesterday, the chief executive of the Hospital Authority's Kowloon East Cluster and UCH chief executive Deacons Yeung Tai-kong said all workers heaved a sigh of relief after the charges were dropped.

The two doctors will also resume their original positions and clinical work at the hospital, Yeung said, and the authority will support them at the coroner's inquest.

wallis.wang@singtaonewscorp.com