The Ministry of Public Health, the state agency handling major Covid-19 containment measures, finds itself in a predicament. Apart from a barrage of criticism from the public and others, it's likely that ministry executives, especially those in the national vaccine committee, could face possible lawsuits.
Recently, civic groups announced plans to launch a series of civil and criminal lawsuits against the government and those officials deemed responsible for a perceived mishandling of the pandemic.
To shield itself, the ministry is drafting a law to provide officials immunity from legal liability.
The legislation -- to be issued in compliance with the emergency decree -- is currently in draft form, but it has nevertheless triggered a massive political storm.
The draft will provide immunity not only to health workers and front-line medical staff, but also those responsible for Covid vaccine procurement such as elected politicians who prescribe Covid policy and govern Covid measures. Politicians and policymakers would be given immunity to avoid accountability for their policy decision.
Regardless of what was intended, this law is unnecessary and should not have been considered from the start. Hopefully, the government will come to its senses and kill this unneeded bill.
The Covid measures are policies conceived by government and elected politicians. Therefore, politicians must be also held accountable, state officials should not be left to bear any legal consequences.
Meanwhile, healthcare workers in both state-run and private-run hospitals are already protected under Section 29 (1) of the Emergency Medicine Act when working during a crisis or in an emergency setting.
In March last year, the ministry also issued detailed medical treatment steps for medical workers to follow.
So far there have been no lawsuits filed against individual front-line medics for wrongly treating patients.
Most of the current complaints and possible lawsuits are concerned about delayed medical responses and a shortage of medical supplies and facilities. Such complaints and accusations need a court and the National Counter Corruption Commission to decide whether an individual is at fault, or the healthcare system, or ill-conceived policy and management.
Indeed, if the government wants to protect and give medical workers a morale boost there are more than few things that it can do now.
First and foremost, the government must, as soon as possible, provide all front-line medical staff with a third booster shot, preferably a mRNA vaccine known for having more efficacy in dealing with the Delta variant. There must be no preferential access by VIPs or other shenanigans involved. Our health workers are tired and demoralised enough.
To add further immunity from lawsuits, the government should enlist medical officials as officials under the Centre for Covid-19 Situation Administration (CCSA), formed by the executive decree, which would give them more protection. This solution was suggested yesterday by Deputy Prime Minister Wissanu Krea-ngam who is also the country's top legal expert.
Finally, leaders can give a morale boost to medical staff by simply standing them, letting them know they are not alone.
Instead of passing a silly law, our prime minister and the public health minister should step up and declare that as our leaders, they will take the responsibility and any blame.
