Courtrooms may Become Next SARS Battleground

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Last updated at: (Beijing Time) Monday, May 26, 2003

Courtrooms may Become Next SARS Battleground

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Health authorities, medical workers, hospitals and patients are likely to be involved in legal wrangling over the sharp SARS infection rate in Beijing hospitals during the initial outbreak of the epidemic.

However, some hospitals are likely to be exempt from legal responsibility because of the complicated and unpredicted nature of the previously unknown killer disease.

Hospitals were initially the biggest origin of infection in Beijing, but the number of people who contracted the disease while at hospitals is still unknown.

Zhao Xiaojun, an official with the Beijing People's Procuratorate, said it will not bring any action against hospitals where cross-infection occurred in March and early April.

"Such hospitals should not ascertain judicial responsibilities as the epidemic was not fully known at that time,'' he said.

But it does not necessarily mean hospitals will not have to face cases brought against them by individuals.

Sources with the Beijing Xicheng District Health Bureau have revealed that it has received a dozen complaints against hospitals.

"Some SARS patients, who were infected in hospitals due to the lack of sufficient isolation measures, and their family members have begun to prepare to prosecute for faulty medical treatment,'' said Liu Jinsong, an official in charge of medical administration at the bureau.

Liu said it would be difficult to prove that someone was infected with the disease while at a hospital.

Zhang Xiaolin, a standing committee member of the Beijing Municipal Committee of the Chinese Peasants' and Workers' Democratic Party, said the government would have to interpret whether cross infection was considered medical malpractice.

According to the current procedure for handling medical malpractice, "unpredicted and urgent'' cases could be exempt from punishment.

"But it is still difficult to judge at present according to the procedure as it does not further illustrate what are unpredicted and urgent,'' Zhang said.

Sun Baowen, a 39-year-old university professor who was allegedly infected with SARS while at Renmin Hospital early last month, said the Beijing Municipal Centre for Disease Control and Prevention and the hospital should take responsibility for his infection.

But he said he will not sue the two organizations because the possibility of winning the case is minimal.

The Beijing People's Procuratorate issued a notice on Thursday saying that governments and its officials who suppress information about SARS will be prosecuted.

But sources say it is still not clear whether officials who were released from service due to negligence of duty in April, like former mayor Meng Xuenong of Beijing, will be hit with legal action.

"It is too early to tell,'' Zhao Xiaojun, an official with the procuratorate, told China Daily Sunday.

According to Criminal Law, jail terms of less than three years will be handed down to any government employee who conducts a serious dereliction of duty.

The Beijing People's Procuratorate will investigate the six different types of SARS-related dereliction of duty, it said late last week. It will include looking at officials and medical workers.

But a source says no such case has been placed on file so far.

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