April 9, 2021 8:40 AM
GEORGE TOWN: A consumer group has urged the government to set up a medical tribunal to handle complaints of negligence and other matters related to services provided by healthcare providers.
The Federation of Malaysian Consumers Association (Fomca) said such a tribunal would allow those unable to afford lawyers to seek redress for their complaints.
Its president, Marimuthu Nadason, said the National Consumer Complaints Centre run by Fomca receives a number of complaints, but they cannot be addressed as they involve issues that require input from specialists or the hospitals themselves.
“We usually help those with medical-related consumer issues by writing to the health ministry or the healthcare provider concerned,” he told FMT.
“Most of the complainants feel they have been cheated or unfairly treated, so a medical tribunal would be the best avenue for them to seek redress.”
He said the tribunal could be placed under the auspices of the health ministry, and those failing to have their complaints resolved may take their cases to court.
“It also reduces the burden on the court system, with cases taking many years to be settled,” he said.
Marimuthu said the existing consumer tribunal will not be able to cover huge medical claims, so the proposed tribunal should have a ceiling of at least RM3 million.
Easier said than done, say lawyers
However, two lawyers specialising in medico-legal matters said while the idea of a medical tribunal may sound “good in spirit”, it is not easy to achieve.
PA Sharon said the present court system remains the best to resolve cases of negligence or complaints against doctors or hospitals.
She said a medical tribunal will need to be headed by different sets of peer experts each time a case is heard.
Moreover, doctors are bound not only by the Medical Act 1971 and other subsidiary regulations, but there are also the Consumer Act and Sale of Goods Act and others to consider in a case.
Alternatively, Sharon said, a complaint may be lodged with the Malaysian Medical Council (MMC) over gross negligence, but there would be no monetary awards to the complainant.
On the high costs of taking a negligence case to court, she said it can be overcome by obtaining the services of a legal aid lawyer or signing a conditional fees agreement.
“The Bar Council should consider the conditional fees model as practised in England and Wales,” she said, where legal fees usually commensurate with the amount of the claims obtained .
Meanwhile, another lawyer said Parliament will have to pass an Act to set up a medical tribunal while other related laws, such as the Medical Act, may have to be amended.
The senior lawyer, who asked not to be named, also said a new medical tribunal will incur heavy costs as different sets of medical specialists will have to sit on the panel to hear the cases.
