The health ministry has revised its proposal concerning a plan to establish, in 2010, a third-party Medical Accidents Investigation Commission aimed at preventing the recurrence of such accidents. The revised proposal takes into account the fear that doctors and other medical professionals have of police and families of deceased patients using information available to the commission for criminal investigations or civil lawsuits. The ministry must ensure that the commission works smoothly and has the trust of all parties involved.
Under the proposal, medical institutions will have to report to the commission any deaths in which malpractice is suspected or any deaths that occur unexpectedly after treatment. The commission's findings will take precedence over police action. If medical institutions make reports to the commission, they will be exempt from the duty to report unusual deaths to the police under the Medical Practitioners Law. Police consulted by bereaved families will recommend that they go to the commission and ask it to start an investigation. Medical institutions that fail to make the required reports to the commission will receive administrative punishment.
The commission will report deaths to police only when medical records are tampered with or a coverup is suspected, when a repeat case of malpractice is involved, or when a harmful act appears intentional or gravely negligent. In sum, police will not act unless notified by the commission. Even if bereaved families file a complaint, police will respect the commission's results before determining whether to open an investigation. Care must be taken to prevent cases that rightfully should be handled by police from being buried.