กระบวนวิธีพิจารณาด้านจริยธรรมการแพทย์

Abstract

ABSTRACT

The objective of this research is to study the procedure of medical ethics diagnosed by Medical Council. The data was collected through in-depth interview of the representatives of the ethical sub-committee and committee of medical council during January 5th to March 30th, 2009 and analyzed by content analysis. The result found that the procedure of ethical issue diagnosis is internal procedure of the council. The process starts when the patient or the relative complains about the doctor in the ethical issues. Each stage is examined about legitimacy by administrative law. The process of council verdict is divided into 2 stages; by the ethical sub-committee and by the investigational sub-committee. In the first stage, the ethical sub-committee must examine and pass a resolution of the case which there is a prima facie case or groundless. In case of having a prima facie case, the process will run to prove the validity. The sub-committee’s decision is sent to the council committee. In the second stage, the allegations are sent to the investigational sub-committee for proving and propose the suitable punishment. Then the result of investigation is sent to the council committee to propose punishment for the doctor who violates the ethical rules of Medical Council. In case of no fault, everything is over; but if the case was found that there is violation of the ethical issue; the council committee will inform the doctor and record the decision in the membership roster. There are 4 ethical punishments: warning, probation, license suspension and licensed withdrawn. The strongest punishment is to withdraw the name from the medical list. This procedure has secured a fair and justice process. But it takes time for consideration and need of medical ethics experts. The recommendation from this study is establishment of a mechanism for maintaining good relationship between patients and physicians to reduce the number of process into consideration.

Key words: The medical ethics procedure, the ethical committee, Medical Council, ethical punishment