Have you ever heard anyone exclaim about how fast the year has gone? At the time of writing, Malaysia is celebrating its annual National Doctor’s Day. It is opportune we thought to attempt a rapid overview of the healthcare and medico-legal landscape of the year so far.
In January 2024, the Malaysian Medical Council endorsed and published the new Guideline on Telemedicine, replacing the previous Advisory on Virtual Consultations published in April 2020. The updated guideline emphasises the need to expand telemedicine beyond follow-up appointments while ensuring appropriate and professional use of technology. Additionally, the guideline highlights that digitalisation encompasses more than just Electronic Medical Records – it aims to revolutionise patient care and improve clinical efficiency.
In February 2024, the Federal Court delivered a 4-1 majority decision which held a private hospital liable for negligence in respect of a patient who suffered permanent disabilities due to severe brain damage following treatment in 2010 at the said hospital. This majority ruling, in effect, decided that private hospitals owe an independent duty to patients, which is non-delegable primarily due to the statutory framework governing private hospitals. Although the concept of non-delegable duty of care had already visited our medico-legal shores years ago, the basis for the finding of the duty and the implications of this case may potentially have far reaching consequences on private healthcare.
In March 2024, the Court of Appeal increased a three-year-old girl’s compensation from RM5.6 million in the High Court to RM8.6 million. This appears likely to be the highest compensation awarded against a public hospital in a medical negligence claim. The girl sustained spinal cord injuries during a Caesarean section delivery carried out on her mother. This resulted in paralysis from her neck down. The three-judge panel upheld the original RM5.6 million award from the High Court, dismissed the government’s attempt to reduce it and awarded an additional RM3 million to adapt the patient’s home and for her transportation needs.
In April 2024, the High Court at Kuala Lumpur awarded RM3.8 million in damages to a former saleswoman, in a medical negligence case against a government hospital. The suit stemmed from a claim of insufficient and delayed treatment for the patient’s high blood pressure during her pregnancy, which led to the death of her baby. The patient developed complete HELLP syndrome with acute kidney failure and bleeding in her brain. The patient, now unable to walk and suffering from a cognitive disorder, filed the lawsuit in 2020 through her husband.
In May 2024, Measat Global Bhd, in partnership with Healthtech Sdn Bhd, launched the Sihat Xpress telehealth service. This is part of a broader initiative to revolutionise digital healthcare for up to one million Malaysians in remote areas. This initiative will digitalise clinics and support 1,000 doctors at 2,000 rural telehealth kiosks over the next two years. These kiosks will also enable villagers to conduct self-checks and consult doctors online for non-emergency medical issues.
Also, in May 2024 the High Court at Shah Alam upheld an award of RM500,000 in damages granted to a 64-year-old man who suffered retrograde ejaculation and major depressive disorder after a prostate operation at a public hospital. The Judicial Commissioner upheld the award made by the Sessions Court, noting that the man was not adequately informed of the risks of the surgery or given less invasive options. Post-operatively, the man experienced painful urination and inability to ejaculate, leading to humiliation and the family labelling him as impotent. He was initially informed that his symptoms were normal but a follow-up at a government hospital later confirmed his conditions. The Sessions Court had awarded RM150,000 for permanent disability, RM150,000 for depressive disorder, and RM200,000 in general damages.
In July 2024, Health Minister Dr Dzulkefly Ahmad outlined the Ministry’s plan to transform digital health within four to five years using the “One Individual One Record” system, beginning with electronic medical records at all health facilities. He further emphasised that this is a new strategy from the Ministry’s Digital Health Division to create a comprehensive, future-ready digital health plan.
In August 2024, a 14-year-old teenager was arrested on suspicion of trespassing and impersonating a medical doctor at Sultan Idris Shah Hospital in Serdang. The district police chief assistant revealed that the girl, who identified herself as a medical officer, managed to enter an operating theatre, claiming she wanted to assist with a surgery. If convicted, the teenager could face up to three years in prison or a fine of RM5,000 for trespassing, and up to two years in prison or a fine for impersonating a public servant.
The first local transmission of MPox of the year was reported in September 2024. The patient, a Malaysian man, showed symptoms such as fever, sore throat and cough starting September 11, with rashes appearing the following day. He had no recent travel history. Malaysia has recorded a total of 10 confirmed MPox cases since 26 July 2023.
Also in September 2024, the High Court awarded RM2 million in damages to the widow of a senior lawyer. In the medical negligence claim, the High Court Judge ordered the government to pay RM800,000 for pain and suffering, RM700,000 in special damages, and RM500,000 in aggravated damages. The aggravated damages were imposed on the radiologist who the Court cited ‘took a lackadaisical attitude’ and ‘did not show any remorse’ despite being informed of the deceased’s severe burns. The former partner of Skrine & Co passed away on 8 March 2020, at the age of 72 after a legal career of over 45 years.
The Control of Smoking Products for Public Health Act 2024 officially took effect on 1 October 2024. This Act regulates the registration, sale, packaging and labelling of tobacco products and prohibits the sale of these products and related services to minors. Concurrently, the Food (Amendment) Act 2024 has also removed all provisions related to tobacco from the Food Act 1983, leading to the revocation of the Control of Tobacco Product Regulations 2004 and the Declaration of Non-Smoking Area Notifications under the Food Act 1983.
This overview is by no means exhaustive. It is designed to provide some snippets of the environment here in Malaysia. As healthcare evolves and the medico-legal landscape remains vibrant, we extend our heartfelt wishes to the well-being of our doctors. Your dedication makes a difference.
Contributed by Amirah Huda, associate from the RDL Healthcare Practice Group.