Filenews 28 December 2024
Problems and gaps, which in the end invalidate the complaint itself, are found in the procedure for investigating allegations of medical negligence.
While investigations by the police begin, they remain "open" without result for a long time, often for years, due to ineffective procedures. Currently, there are at least 10 investigations to be investigated nationwide concerning allegations of medical negligence, either for doctors in the public or private sector. The police point out that medical officers appointed to assist in investigations are sometimes uncooperative, while the agency hints that the police ask for the help of doctors but do not pay for the services and that two years of discussions have not come to a conclusion. Such investigations are carried out either by the provincial ICFs or by police stations.
Complaints about alleged medical negligence have increased in the last five years, as noted by SHSO spokesperson Pambos Charilaou, mainly because people now paying contributions to the NHS are asking for better medical services, but also because there have been convictions by the courts against doctors or hospitals for medical negligence and therefore people are encouraged to file a complaint. As he explained, when a complaint is filed about the possibility of medical negligence, then the CSO appoints a medical officer to assist the police investigation. Charilaou clarified that doctors do not take statements or investigate medical negligence. The investigation is carried out by the police and the doctors give a medical opinion after studying the medical records.
Regarding the case of the 74-year-old resident of Flasou who died at Larnaka Hospital after being admitted due to coronavirus illness and the three medical officers appointed have not helped to complete the Police investigation, the representative of the Organization said that he has not been informed about this case due to permits. However, he added that There are objective difficulties many times for a government doctor to undertake to investigate or testify against another colleague.
Charilaou added that for two years there have been discussions with the police so that doctors who undertake to assist in an investigation into the possibility of medical negligence will be compensated. So far, he said, no solution has been found even though doctors leave their jobs, work several hours of their time and have to be compensated. He stressed that this cooperation should be institutionalized so that there is compensation to those who undertake this work. The representative of SHSO went a step further, stressing that the ideal thing is to have a list of doctors who are interested, either in the public sector, in the private sector or even pensioners, of various specialties, from which the Police should call for assistance in their work but with the appropriate compensation.
Responding to an observation attributable to the increase in complaints and complaints of citizens about the quality of care offered, Mr. Charilaou, after acknowledging that in recent years there has indeed been an increase in complaints about medical negligence or even behaviours (5-7 complaints are submitted per year), noted that this is mainly because people are now asking to know what happened to their loved one, but also because they are now paying contributions for it and seeking better quality of medical care. Contributing to this, he said, was the fact that there had been convictions by the Court for medical negligence.
Finally, Mr. Charilaou said that now with the GHS, the SHSO has an agreement with a private insurance company in which all doctors and other hospital staff are insured for cases of civil lawsuits for negligence, while previously this was covered by the state.
Three years without a report, the police think
According to the latest information of "F", the complaint of the relatives of Ktoris Neophytou who passed away on 22/2/2022 at Larnaka Hospital after a three-month stay in four hospitals, was made four days later and after an autopsy was performed on his body.
Subsequently, the Police, in a letter to the Cyprus Health Organization, requested the appointment of a medical officer, as is usually the case, to assist their work, since investigators do not have medical knowledge and it is difficult to reach conclusions. Initially, a doctor was appointed who refused to take over, as was the second and finally on 8/9/2022 she was appointed a pathologist from Larnaka General Hospital.
According to information we have, the doctor had reported to the investigator who undertook the investigation of the complaint of the daughter of the deceased, Sotiroula Neophytou, that she would have prepared her report by 24/1/2024. In the end there was no response. In fact, as reported to the complainant by the Police, she was contacted on three occasions, namely on 24/1, 11/4 and 13/6/2024 to assist in the investigation, He eventually reportedly cited personal reasons and withdrew. Police last month asked SHSO to appoint a fourth officer, without receiving a response.
Following this development and following the intervention of Justice Minister Marios Hartsiotis, the Police will appoint a private expert from Greece to assist in the investigation so that the complaint can be concluded.
Due to this case and others pending (especially at the ICF of Limassol), the Police are concerned about how to handle the matter afterwards so that there is a conclusion to such complaints within a reasonable time. As we were told by the police, the relatives of some who perish in hospitals are entitled to know whether there are responsibilities. It does not mean that doctors are responsible for every death, but where a complaint is made, there should be a conclusion after investigation. As explained, these cases are by nature difficult to investigate and even more difficult to prove before the courts. However, where mistakes or omissions may be made, a response must be given to relatives who mourn one of their own.
