FREQUENTLY ASKED QUESTIONS
Q1 : What is the jurisdiction of the Council?
Pursuant to Section 29 of the Medical Act 1971, the Council has disciplinary jurisdiction over all Registered Medical Practitioners registered under this Act.
Q2 : What’s is the Code of Professional Conduct?
The ‘Code of Professional Conduct’ is a guideline that spells out how registered medical practitioners should relate to their patients, colleagues and public. The Council is also guided by the duties of a doctor namely ‘Good Medical Practice’ and ‘Confidentiality’ to supplement the Code. In addition, the Council has produced and adopted ethics guidelines on specific areas.
Q3 : What do I do if I’m having a complaint about a doctor?
You are advised to discuss the matter with the doctor or the management of the healthcare facility. If the issues are not resolved, you may contact us and / or fill up the Complaint / Information Form to enable us to process your complaint / information and send it along with the relevant materials to the Malaysian Medical Council.
Q4 : How to make a complaint against a doctor?
To lodge a formal complaint, kindly fill up the Complaint / Information Form and send it along with relevant evidence or documentation to the Malaysian Medical Council.
Q5 : Do I need a lawyer to make a complaint?
You do not need a lawyer to lodge a complaint / information.
Q6 : Is there a time limit for making complaints?
There is no time limit to lodge a complaint. However, it is advisable to lodge the complaint at the earliest possible time.
Q7 : Can I complain to the Council and to another organization at the same time?
Yes, you may complain to the Council irrespective whether you have complained to another organization.
Q8 : How will the complaint / information be dealt with?
Complaints against a registered medical practitioner will be forwarded to the Preliminary Investigation Committee. The Preliminary Investigating Committee will meet and review all evidence.
Q9 : What is the next step?
If the PIC recommends an inquiry, we will write to inform you and the respondent doctor once the date has been fixed for hearing. We will give both parties plenty of notice. You need to present the complaint and be cross-examined by the respondent doctor and/or his legal counsel. Both the complainant and the respondent doctor can appoint a legal counsel to assist them in the investigation at their own expense. The complainant is required to bring all the original evidences and witnesses for the hearing. The respondent may call upon any witness to defend the complaint against him / her.
Q10 : What happens if the Council decides to take action?
If the Council decides that further inquiries should be made into your complaint / information, you and the respondent doctor will be notified. You may appoint a legal counsel to assist you in the investigation at your own expense. You will also be required to bring all materials including originals of documents for the inquiry.
Q11 : What sort of action will the Council take if the doctor is found to be guilty of professional misconduct?
The Council shall decide to impose punishment in accordance with the Medical Act.
Q12 : Can the doctor appeal against the decision made by the Council?
Yes, the doctors can appeal to the Courts. The Courts may affirm, reverse or vary the orders made by the Council. The decision of the Courts is final.