Malaysian Medical Council once again denies natural justice to victims of professional misconduct
A compete travesty of justice to victims of medical malpractice
The MMC has once again stamped over the rights of victims of medical malpractice and negligence (profession misconduct) in filing a motion to prevent the High Court hear appeals against those denied natural justice within the MMC medical tribunal system, overseen and operated by the MMC itself.
In a shock motion granted by Kuala Lumpur High Court judge Amarjeet Singh, over the case of deceased Nur Muhammad Tajrit Zahalan, whose claim is being continued by a third party on behalf of the family, was found in favour of the MMC.
Has Judge Amarjeet Singh erred in law and denied natural justice?
See story below:
Patients betrayed: Malaysian Medical Council Protects its Own
Concerns are growing in Malaysia that trust in its healthcare system is struggling under the weight of declining standards, rising incidents of malpractice and failure to hold errant doctors to account, an existential threat to the country’s ambition to market itself as a Southeast Asian medical tourism destination.
Judge Amarjeet Singh agreed with the MMC that the High Court didn’t have jurisdiction to hear the case, because Section 31 of the Medical Act 1971 is over-ridden by section 30 before it.
Section 31 (1) clearly states that “Any person who is aggrieved by any order made in respect of him by the Council (MMC) in the exercise of its disciplinary jurisdiction may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order appealed against or may give such direction in the matter as it thinks proper; the cost of the appeal shall be in the discretion of the High Court”.
The High Court finding for the MMC, is a grave miscarriage of natural justice. It protects the MMC and its own quasi court system, which is not overseen and operated by anyone with legal qualifications. However, the MMC tribunal process allows legal advisors present to look after the rights of the MMC and not patients. The head of the ethics unit is a medical practitioner and the chairpersons of the panels are also medical practitioners. Thus, there is no guarantee that the law in matters heard before tribunals are adhered to.
Complaints made are handled without assurance the law has been applied, and easily dismissed.
Thus, there is no protection by the law for patients through the whole MMC panel process.
Anyone who becomes a victim of medical malpractice is on their own. The system will turn against them.
This is a compete travesty of justice to victims of medical malpractice.
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Do they have a legislative body to upgrade the laws so-as to ensure greater accountability? Are there consumer advocacy groups that can petition the Prime Minister to push that kind of reform?
Many Malaysian doctors are terrified to do a wide range of operations, they openly say failure of which may affect their kill rate and ruin their unprofessional reputation.
I have no problem with that considering many of our doctors are of poor or no standard to begin with. Worse still, to end your life with!
Maybe it's more hopeful and safer to do your medical tourism in Indonesia, India...