Pondering

I was out for a drinks session (mamak that is) with the gang yesterday. It's a coincidence that everyone's got back this particular week. But nonetheless, great to meet up with everyone else.

Gossips, cuss words, profanities went round the table as usual (ok, ok exaggeration). But at times, I do feel that the type of conversation that we have certainly does not reflect our intelligence (if we do have any). :P Yup, we talk crap most of the time :)

Anyway, amidst the crap, I was asked which practice area I am eyeing. It's a pretty straight-forward question for me as I've decided upon Medical Law a couple of years ago: maybe 2+ years. Yup, that explains the MA thingy. So yup, IF I manage to get through the doors of CLP, there are a couple of firms which I've set my eyes on. So we shall see....

I was (and am STILL often asked) what is it that I see in this particular field. Potential's the word I'ld often answer.

Yup, I'd to admit that its a pretty low-profile field in Malaysia and sad to say, due to the Healthcare structure in Malaysia, practice is mostly confined to medico-legal cases i.e. negligence - patients suing doctors, and doctors trying to save their arses situations.

I love handling medical negligence cases. But, at the same time, I'd realised during my MA period and my CLP days, that I'm actually more intrigued with the policy making part of it. Or, as VCKY puts it,

I'ld like to do a Margot.

(Hmmm... I won't mind having a Rodney beside me too!)

But well, judging from the healthcare structure in our country, much remains to be seen. We won't be fighting for reproductive rights for homosexuals, a patient's right to euthanasia, refusal of treatment (ala Jehovah's witness - But, I've came across one such case in Malaysia thus far). Pro-abortion ideas would be shot down. Creation of Chimera embryos for research would definitely draw chaotic remarks.

Oh well, I think it will be neigh time before I could actually dream of getting involved in such issues and ideas. May years of change and evolution is required before such ideas are to be accepted in our society. Or maybe we need to be a member to the ECHR (European Court of Human Rights) before such dreams of mine become reality. But the truth is right now, its more fiction than fact...

So yes, one has to be realistic. If at all I'd end up practicing in this area, medical negligence would be my bread and butter.

And I'm often asked which 'side' (if there's any) I'd be on in a medical negligence case. Patients, or doctors?

I often answer jokingly that I'd go whereever the money is. But this remark often draws flak from others. Hence, over the years I'd learnt not to make such 'daft' remarks to people who do not appreciate them.

So seriously, I'd initially aimed to fight for patients. Poor man, oppressed, subject to sub-standard treatment from a negligent doctor. Hence, sue sue sue!!!! Get some dosh i.e. $$$$ outta the pockets of such rich doctors. That's what this bird-brain of mine initially thought.

But upon further study, I'd come to realise that I do have a soft-spot for doctors. Humble ones that made a genuine mistake by no fault of their own. A medicial negligence suit is very damaging psychologically and reputation wise. So why not help defend them? They ought to be accorded due protection and not to be cast into a typical mould, which the society automatically cloaks them with,

Doctors make so much money, so who's the patient supposed to run to in event where injury's caused to them?

It's very true. But who's gonna protect such doctors who acted bona fide?

And I quote from the Hippocra(i)tes Oath;

"I SWEAR by Apollo the physician, and Aesculapius, and Health, and All-heal, and all the gods and goddesses, that, according to my ability and judgment, I will keep this Oath and this stipulation...

I will follow that system of regimen which, according to my ability and judgment, I consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous...

With purity and with holiness I will pass my life and practice my Art...

Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption; and, further from the seduction of females or males, of freemen and slaves...

While I continue to keep this Oath unviolated, may it be granted to me to enjoy life and the practice of the art, respected by all men, in all times! But should I trespass and violate this Oath, may the reverse be my lot!"

And also the Physician's Oath from the Declaration of Geneva 1948 (amended in August 1968)

"At the time of being admitted as a member of the medical profession:
I solemnly pledge myself to consecrate my life to the service of humanity;
I will give to my teachers the respect and gratitude which is their due;

I will practice my profession with conscience and dignity; the health of my patient will be my first consideration;
I will maintain by all the means in my power, the honor and the noble traditions of the medical profession; my colleagues will be my brothers;
I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient;
I will maintain the utmost respect for human life from the time of conception, even under threat, I will not use my medical knowledge contrary to the laws of humanity;
I make these promises solemnly, freely and upon my honor."

Yeah, I know these Oaths all seem wishy washy. But honestly speaking, no reasonable doctor, in accordance to the Bolam standard would act against the basic principles of medical practice (or should I say humanity?).

No sane doctor would have intentionally intended to cause any harm to their patients. So in a way, they need protection too!

Anyway, despite all this pondering that I've done. I am still undecided.

And yes, people often find it difficult to fathom why I take such an interest in such an unpopular pratice this area in Malaysia. I often tell them, that I see 'hope' and potential in this area. To which I am always encourage to think of corporate practice.

Well, yes, money is good in the corporate and commercial side of things. But I'll die looking through M&As everyday, JVAs, due dilligence... Shoot me!

I need something that puts me in touch with humanity. Criminal law might me my 2nd option, but I'm having problems convincing Mum about that. And at the same time, I don't think I have a heart of steel to betray my conscience at times. Though, one must hold on to the innocent until proven guilty mantra.

Oh well, decisions, decisions, decisions....

-LV-