– What I do as a surgeon must withstand the light of day. I am not afraid of being investigated by the police. Patients are welcome to report me, says Roland Ruiken. He has worked as a surgeon for more than 30 years, and the last seven years at Sykehuset Østfold. Ruiken reacts to the Medical Association’s suggestion that patients should not report to the police after incorrect treatments. The reaction comes in connection with the fact that a new Flekkefjord doctor has been charged by the police. – I don’t think society is served by American conditions, where lawsuits are widely brought against doctors. We have a reaction system that the Norwegian Health Authority takes care of, said president Anne-Karin Rime to news on Thursday. The surgeon from Østfold disagrees. – It is Norwegian law, and a right that citizens have. I have no problem with that. Roland Ruiken is a surgeon at Østfold Hospital. He disagrees with the Medical Association’s criticism of patients who review doctors. Photo: Private – Must assess own competence The surgeon himself has experienced that patients have complained about operations he has been in charge of. The cases have been forwarded to the Norwegian Health Authority. No treatment errors have been found, according to Ruiken. – And I have not worried that the police will judge me. The decisions I make are well thought out, and I confer with colleagues if I am unsure about the best treatment. Ruiken works as a surgeon at the gastrosurgery department at Sykehus Østfold. – If something is outside my area of expertise, I pass it on. It is the healthcare personnel’s duty to assess their own competence, he says. President Anne-Karin Rime of the Medical Association. Photo: Thomas B Eckhoff / The Norwegian Medical Association “Naming, shaming and blaming” news has also been contacted by several other doctors who disagree with the Medical Association. They did not wish to appear in this article. – There will always be doctors who disagree with what we say. The way it should be, says president Anne-Karin Rime of the Medical Association. The association is adamant that criminal sanctions are a poor means of preventing errors in the health service. – A culture of “naming, shaming and blaming” will create fear of making mistakes. Rather, we must work even harder to ensure that reports of unfortunate incidents and deviations are used as a source of information for continuous learning and improvement work, says Rime. Svein Are Auestad was operated on incorrectly by doctor Jerlan Omarchanov in Kristiansand three years ago. At the end of the month, he will testify against Omarchanov in the Agder district court. Photo: Per-Kåre Sandbakk / news The only one who wins the case in court Former patient Svein Are Auestad believes it is necessary that wrongful treatment ends up in the legal system. He himself had the wrong operation three years ago by doctor Jerlan Omarchanov. The doctor has been charged with breaching the Healthcare Personnel Act, and the trial against him will start at the end of August. – The system has become such that the doctors can do as they wish. Because until now there have been no consequences for them, says Auestad. Breaches of the Health Personnel Act carry a maximum penalty of three months’ imprisonment. Auestad chose not to report the case because he found it too burdensome. It was the police who reported Omarchanov, and later brought charges. – It was good that they did it. I’ve thought about it a lot in retrospect. It is necessary the way things have turned out. Auestad points out that he is the only one of the patients on whom the doctor operated incorrectly, who has his case before the court. That is because his case was the only one of the cases reported to the police that ended up within the limitation period. – Too well protected The police had also brought charges against Omarchanov for the botched operation on Margret Annie Gudbergsdottir. But the case became obsolete when the police forgot to attach an attachment to an e-mail. – Now the matter rests a lot on my shoulders. I am the only one left of all the injured. They cannot explain their case in court. Then I have a responsibility to shed light on the matter as best I can. Auestad believes that only the most serious medical errors should end up with the police. The Flekkefjord cases are examples of this, he believes. – If a doctor has done what a doctor can do, and still makes a mistake, that person should not be punished for it. But in this case, which has developed so horribly, it is not surprising that it becomes a police case. Those who disagree should ask themselves whether doctors are too well protected.
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