[SGH Hep C Outbreak] SGH to take responsibility, pay for treatment needed by infected patients

Published: 12:37 AM, October 7, 2015. Updated: 3:11 PM, October 10, 2015
By Valerie Koh

SINGAPORE — While the Singapore General Hospital (SGH) yesterday (Oct 6) promised to “take responsibility” and pay for any treatment needed by patients infected by the hepatitis C outbreak at its renal ward, lawyers TODAY spoke to said there is legal recourse within a three-year window should affected patients opt to sue the hospital for medical negligence over what happened.

The lawyers noted that the success of potential civil suits would hinge on whether the hospital admits responsibility, or whether the patients are able to prove that the hospital has been negligent.

SGH is contacting the 411 patients who had been admitted to its renal ward during the first six months of the year. These patients will be screened for any hepatitis C infections.

The blood-borne virus has an incubation of two weeks to six months, according to the World Health Organisation (WHO). While some hepatitis C carriers could suffer from cirrhosis — or hardening — of the liver within two decades, lawyer Ramasamy Chettiar of Acies Law noted that the statute of limitations for medical malpractice lawsuits expires within three years. “You cannot expose a defendant indefinitely, waiting for you to sue them 20 years later,” he said.

He added that if the hospital does not admit liability, the burden is on patients filing the civil suit to prove that there is negligence, and that they have been harmed in the process.

“They have to get an expert to get their records, and establish this. I don’t think any ordinary person will be able to do it,” said Mr Chettiar.

Nevertheless, lawyer Jason Chan, a director at Amica Law, said affected patients and their families could apply through the courts to acquire information from the hospital. “Both parties have to disclose … evidence that is potentially adverse to them. This ensures a level playing field, that all information is actually disclosed by both parties,” said Mr Chan.

For now, SGH medical board chairman Professor Fong Kok Yong said that there is no conclusive evidence as to what caused the cluster of infections, although the hospital suspected that it could be linked to the use of multi-dose vials.

Prof Fong said that two of the infected patients had each needed new anti-viral drugs costing S$90,000. This was paid for by SGH, he said. So far, 22 patients have been infected. Among these, four patients with co-existing conditions — such as pneumonia — and severe sepsis, an immune response to an infection, have died, possibly due to the hepatitis C virus infection. The hospital did not respond to queries on compensation for the families of the deceased.

Source:
TODAY Online -
http://www.todayonline.com/singapore/sgh-take-responsibility-pay-treatment-needed-infected-patients