Malaysian Medical Council (MMC)

The details contained in this posting are based on my personal experience in dealing with MMC. I stand by them and take responsibility for what I am publishing here.

Published on MMC’s website are these lofty words….“The principal aim of the Malaysian Medical Council (MMC) is to ensure the highest standards of medical ethics, education and practice, in the interest of patients, public and the profession through the fair and effective administration of the Medical Act 1971….the role of the Malaysian Medical Council in executing its duties is not only to discipline its members but to also protect the public, where necessary; to seek to maintain public confidence in the profession; and in its widest sense to maintain the integrity of the profession”

My nightmare began when I had a hysterectomy performed by a gynaecologist from a 5-star hospital (charging 5-star prices, obviously!). The procedure went horribly wrong and I ended up suffering from incontinence.

After being prescribed all kinds of medication by the gynae, I developed urinary tract infection (UTI) and, at this point, I was advised by the Company Medical Advisor to seek treatment from a urologist.

I tried to bring a complaint against the gynae by meeting with the expatriate CEO of the hospital concerned. His response? “The hospital and specialists are separate legal entities. The hospital merely rents out premises to the specialists and if you are not happy with any of them, you need to take a civil case against him. And I might add that doctors are heavily insured and they are not allowed to admit negligence.”

So…I guess that means the hospital does not care if patients are butchered on their premises? Is it all about $$$$ and medical ethics can go down the drain? And doctors, even if negligent, are never going to admit negligence.

What I did not know then, but I do know now, is that under the Private Healthcare Facilities and Services Act 1998, medical facilities should have their own complaints handling procedures. If the patient is not happy with the hospital’s complaints handling procedures, then he may bring the matter up to the MMC.

Which goes to say that the expatriate CEO of the hospital concerned was not doing his job…for which he was obviously being paid big bucks! How dare he brushed my complaint aside just like that? I actually mentioned his attitude/response to my complaint in my letter to MMC – but did MMC do anything about it? Most probably NOT….after my experience in dealing with MMC, I am more convinced they are more pro-doctors than patients!

The urologist recommended a surgical procedure that involved lifting the bladder neck with a sling to control the flow of urine. I asked him if the hysterectomy could have caused the incontinence. His response was most shocking…”if you want treatment, I will treat you…but I am not interested in getting involved in any litigation…I do not have the time nor the money to do so!”

Why was I surprised? It’s a case of “you scratch my back, I scratch yours”…today it’s your turn, tomorrow, it could be mine…that’s the name of the game folks!

I then consulted a lady gynae who was more sympathetic. She explained it this way…”medical negligence is difficult to prove in court. You must have a medical professional who is willing to testify that yes, I saw this patient before and after the procedure and, in my opinion, the condition was caused by the hysterectomy”. Since the gynae was the only doctor involved, there was no way I could prove this.

On the day that I was admitted into hospital for the corrective procedure, I received a call from the CEO’s secretary requesting me to meet with him. When I mentioned I was already in hospital, she said that he could see me at the hospital. I said “NO WAY” as seeing his face would be like adding salt to wound! Maybe he suddenly discovered that he had goofed in brushing aside my complaint…and was in damage control mode? Who knows?

Months after submitting my written complaint to MMC, I received a telephone call from an official requesting me to attend a tribunal by the Preliminary Investigation Committee (PIC) to discuss my complaint.

I received the call at work at about 10 am and was told to be present at MMC at 3pm – the same day! He explained that the Tribunal is made up of 6 members and the respondent doctor and his counsel would also be present. I could have counsel with me but he could only observe and not speak for me.

I immediately called a lawyer colleague to find out what goes on during these tribunals. She, in turn, called a colleague from one of the top law firms that defends doctors against claims of medical negligence. She was asked which doctor was involved and when told, she was immediately told that the firm was representing him and they were not in a position to discuss the case further.

So, potentially, I could be a sitting duck being fired with questions by 7 people and I was not even given enough time to prepare. The matter was so traumatic that I could not say five words without breaking down….is this how MMC protects patients? Why put the patient in such an intimidating situation when it is the patient who is the wronged party? If MMC are really interested to find out the facts, do away with the lawyers…just get the facts from the complainant and the respondent doctor.

“To ensure fairness and justice to both the complainant and the respondent practitioner, the Rules of Natural Justice will always be upheld in any inquiry”...proclaims the MMC website proudly! What natural justice if the complainant rather than the doctor is treated as the guilty party?

Of course, if you bring this up with the MMC the standard response would be, “we are sorry, but these procedures are enshrined in our Constitution.” But constitutions and laws are man-made and can be changed to be more patient-friendly.

Back to MMC…I chose not to attend the tribunal and told the official why. A week later, I received a letter from MMC that because I did not attend the tribunal, the matter was considered closed….how very convenient!

The doctor in question, by the way, was also involved in an almost similar case involving a fellow employee. She had a myomectomy and ended up with a few litres of pus in her abdomen. After a one-month stay at the hospital and incurring a bill of about RM50K, she was transferred to another hospital for further treatment.

How did I know about this case? Well, I was the Administrator of the Company’s medical plan and I was involved in discussing the bill as the patient had to fork out quite a lot of money out of her own pocket. She also had to take a pay cut as she had exhausted her medical leave on full pay.

I had urged her to make a report to MMC but she chose to let it go and get on with her life…so the gynae is happily practising until today. On my part, I advise friends to avoid him like the plague!

My take on this fiasco? To the powers that be…if you want to win elections, the Hon Minister of Health should look into the effectiveness, or otherwise, of MMC’s role….this is a bread-and-butter issue that alienates the rakyat. Not many would pursue matters to the extent I did, and even then, the bureaucracy was too much for me…one needs to be Erin Brokovich to fight this!