Académique Documents
Professionnel Documents
Culture Documents
Bulletin
M alaysian M edic al Council
01-2008
CONTENTS PRESIDENT’S
President’s Foreword
FOREWORD:
T
Editorial Reflection
he Malaysian Medical Council (MMC) has issued
Mediation
a set of nine guidelines on various professional
Secretary’s Report areas of concern. The profession must be seen
by the public to move rapidly to regulate itself when
Highlights of meeting with Honourable
Minister of Health issues that worry the public emerge i.e. matters that may
suggest that the profession is deviating from the high
Stop Press !
standards it has set for itself.
COMMUNICATION &
DOCUMENTATION
Dr Milton Lum FRCOG
Madam A, a single mother, brought her only child and During the inquiry by the Preliminary Investigation
daughter, B, aged six years, to a private hospital, after Committee (PIC), Madam A reiterated her complaints.
B sustained a fall at the playground. There was a deep However, she did not bring any witnesses or medical
laceration on B’s chin, measuring about five centimeters reports. Dr C’s documentation was poor. No consent
long. Dr C, who was the Medical Officer at the Accident form was signed. The PIC recommended an inquiry by
and Emergency Department, carried out toilet and suture the MMC. The charge against Dr C was:
on B. The nurses held B while Dr C sprayed ethyl chloride
on the laceration and then completed the procedure in “That you had disregarded and neglected your professional
less than ten minutes. Madam A and B then went home. duties to the patient, abused your professional privileges
and skills and conducted yourself in a manner derogatory
Madam A consulted a general surgeon, Dr D, a week later, to the reputation of the medical profession by having failed
about B’s management. Dr D opined that a peadiatrician to provide and/or neglected to provide a sufficient and/or
should have been called and the wound would have healed appropriate standard of medical care in the management
better had the toilet and suture been done under general of the patient and violated the Code of Professional
anaesthesia. Conduct as adopted by the Malaysian Medical Council in
that you had proceeded to place three stitches on the
Madam A lodged complaints with the hospital’s management chin of the patient without using either local or general
and the Malaysian Medical Council (MMC), alleging anaesthetic despite the protestations of the mother of
mismanagement and that Dr C carried out the procedure the said child patient/ without obtaining valid consent
without anaesthesia and without Madam A’s consent. prior for the procedure.”
Madam A also claimed that Dr C ignored her protests.
Madam A did not substantiate her allegations with Dr C had not documented in the patient’s medical records
supportive evidence e.g. statutory declaration, medical what he claimed he did. He was reminded that had the
report from Dr D, testimonies from witnesses. Dr C event occurred after the enforcement of the Private
claimed he had obtained verbal consent from Madam Health Care, Facilities and Services Regulations (PHFSR),
A, who sat at the side of the treatment couch. It was he could have faced a criminal charge, in addition. The
a matter of Madam A’s word against Dr C’s word. The punishments, upon conviction, are a fine, imprisonment
benefit of the doubt was given to Dr C. or both as there was non-compliance with the statutory
requirements for written consent to be obtained prior to
Lessons any procedure(1). Council was also of the view that ethyl
chloride is not an appropriate anaesthetic in this case.
The MMC found that there were two main problems in
this case: References
• poor communication; and
• poor documentation. 1. Private Health Care, Facilities and Services
Regulations (Private Hospitals and Private Health
Care Facilities) 2006 Sections 47-48
MEDIATION
Dr Milton Lum
Adverse events occur in medical practice and will continue down a decision. On the other hand, a mediator listens
to occur notwithstanding whatever is done by health to both parties’ case, finds common ground and identifies
care organizations and/or doctors and other healthcare areas of dispute. He then works towards an agreed
professionals. When things go wrong, some victims of solution. The mediator does not give an opinion on the
medical accidents will complain to the Medical Council; law or the merits of the case. There is no finding of fault
others will resort to litigation. It has been reported in or apportioning of blame.
many studies that most victims of medical accidents
want: Mediators help in the definition and analysis of the
1. An honest explanation for what went wrong; differences between the two parties and look at the
2. A genuine apology; underlying interests and needs of both parties.
3. Reassurance that the same event will not happen
again; and Mediation differs from litigation in two other important
4. In some instances, compensation. aspects:
• It is voluntary
Many neutrals are of the view that the legal process • It is without prejudice (i.e. it does not bind either
cannot provide what victims want. party, who are not held to what has been said or has
occurred during the process).
Litigation incurs expenditure and takes a long time to
reach a conclusion. The process, which encourages Mediation can take place at any time. It can be at the
secrecy and entrenched positions, does not result outset of a complaint, or at a later stage, when litigation
in an amicable, early or satisfactory resolution for is underway, but is not meeting the needs of the parties
many. and/or when negotiations to settle the case have broken
down.
Mediation, a mode of alternative dispute resolution, is
increasingly used in many jurisdictions as a way of dealing The advantages of mediation are discussed below:
with patient complaints about medical care which has
resulted in unsatisfactory outcomes. 1. Speed
Litigation usually takes a long time to conclude. In
Mediation is an alternative to litigation. The judge hears general, it takes at least five to ten years for the
the position taken by each party in court and then hands conclusion of a case in the Malaysian courts. In the
The Honourable Minister of Health chaired the meeting is concerned, he gave his undertaking that unequivocal
which was attended by the Honourable Deputy Minister support will be provided to the Council in its endeavour to
of Health, the President of the Malaysian Medical Council establish itself as the prime custodian of the healthcare
and 13 Council members as well as several senior services in the country.
Ministry of Health officials.
The President in his response thanked the minister for
The Minister in welcoming the delegation stressed initialling this important meeting with the Council and
that the Council played a pivotal role in the delivery of expressed the Council’s undivided support in all of MOH’s
healthcare services to, not only the public sector but the efforts in improving the healthcare delivery system of the
whole country including the private sector. He expressed country.
his wishes to see that the Council continuing to shoulder
this onerous responsibility by galvanising the energy of He went on to outline some of the achievements of the
all registered practitioners in the country to realise the Council over the last few years namely:-
mission and vision of the Ministry of Health to provide
quality healthcare to all Malaysians. 1. The amendments to the Medical Act 1971 which is
ready to be presented to the MOH
He propounded that it is the core business of all healthcare 2. The approval by the Cabinet for the independent
providers to inculcate professionalism, teamwork and a statutory body for the Council and efforts are underway
caring attitude into all aspects of their daily dealings with to realise this milestone in the near future.
members of the public. Insofar as the Ministry of Health 3. The complete computerisation of the administration
i) Private Healthcare Facilities and Services Act Only Registered Medical Practitioner who possess the
1999 and its Regulations prerequisite training and qualification be allowed to be
involved in aesthetic medicine to protect the general
The minister, taking cognisance of the reservation public and guidelines related to this issue be given
expressed on various short comings in the said ample publicity and be displayed in the webpage.
Regulations, proclaimed his sincere intention to give
serious consideration to proposals to be forwarded at viii) Emergency Services to be provided by Registered
a meeting of all stakeholders which is to be organised Medical Practitioners
by the Medical Practice Division, Ministry of Health
soon to amend the Regulations to make it more user The Minister proposed that MOH establishes proper
friendly. guideline for emergency services to be provided by a
Registered Medical Practitioner or a facility depending
ii) Amendments to the Medical Act 1971 and on the type of practice conducted by him or services
Medical Regulation 1974. provided by the facility.
The Minister gave his undertaking to give priority for ix) Introduction of Provision of the Private
the submission of the amendments in Parliament this Healthcare Facilities and Services Act 1998 Into
year. Government Facilities
iii) Independent statutory body status of the MMC The Honourable Minister was in total concurrence
with the views of the Council members that the
The Minister directed all parties involved to expedite provisions of the Private Healthcare Facilities and
the process so that the Council can function Services Act be extended to government facilities
independent of MOH as well as sanctioned the as well so that the healthcare needs of the general
allocation of the whole of Block B at MOH office public who cannot afford private care be provided
complex in Jalan Cenderasari, Kuala Lumpur to the for in the same manner as those provided for in the
Council for its activities. private sector.
STOP PRESS!!!
RE:
CESSATION OF REGISTRATION
UNDER SECTION 24 OF THE
MEDICAL ACT 1971
The public is hereby informed that the Malaysian Medical Council had ordered the
registration of the name of Mr. Shuib bin Hussain, (NRIC 510610-02-5599/3585996,
Full Registration No. 23116 dated 30/10/1979) address at Poliklinik & Surgeri
Titiwangsa, Dr. Shuib dan Rakan-Rakan, 79-1A, Jalan Raja Abdullah, 50300 Kuala
Lumpur be ceased to be registered from 9 January 2007 till further notice.
However, information has been received by the Council that the said practitioner
is continuing to practice and is signing certificates or documents required by any
written law which is against the Medical Act 1971.
Please take note that the Council will not be responsible for any untoward incidences
that may arise out of the malpractice of this practitioner.
The public is hereby requested to provide the Council with any information regarding
the conduct of practice by Mr. Shuib bin Hussain for our further action.