A mistake by the doctor or health care professional could mean life or death. Where a mistake has had a serious impact on health and life, the patient has the right to compensation and the doctor can face disciplinary action. Injured patients can file a complaint to the Malaysian Medical Council. Where the Disciplinary Panel, Disciplinary Board and/or the Malaysian Medical Council is satisfied that disciplinary action against a medical practitioner is necessary for the protection of the members of the public, the the Disciplinary Panel, Disciplinary Board and/or the Malaysian Medical Council may order, inter alia, the following: reprimand the medical practitioner, impose a fine, order such medical practitioner’s registration to be subjected to conditions, order the name of such medical practitioner to be suspended from or struck off the Malaysian Medical Register.
We advise and assist complainants and medical practitioners in pursuing and responding to complaints to the Malaysian Medical Council.
Our services and support include, but is not limited to the following:
- Reviewing the related agreements between parties and identifying the laws and regulations applicable to the clients’ treatment including relevant professional rules, codes and policies.
- Advising clients on the reliefs available for different types of claims of professional malpractice.
- Advising clients on the procedures involved during the disciplinary hearing before the Disciplinary Panel, Disciplinary Board and/or the Malaysian Medical Council.
- Negotiating and drafting an amicable settlement between parties, if possible.
- Drafting the complaint form and compiling supporting documents to be filed to the Disciplinary Panel, Disciplinary Board and/or the Malaysian Medical Council.
- Representing doctors and complainants before the Disciplinary Panel, Disciplinary Board and/or the Malaysian Medical Council.
- Liaising with experts to obtain further advice on the relevant issues involved in the dispute between parties. Preparing for experts to be called to Hearings and to give evidence before the Disciplinary Committee.
- Advised and represented patients in claims against doctors and the hospital for negligence during surgeries.
- Negotiated on behalf of the patients and obtained compensation for the doctors breach of duty.
- Represented patients in disciplinary hearings against medical practitioners at the Malaysian Medical Council.
- Disciplinary Procedures
- Medical Negligence
- Regulatory Compliance
- Regulatory Enforcement
Reviews & Testimonials
- “We are very thankful to Jasmine who has been very supportive of us and caring through the whole process, and for her legal knowledge and expertise. She was very cool and calm, even when things got hard. No amount of money can give me my life back, but at least, with this win, we got our justice. Thank you Jasmine, and also Chee En and the MWKA team for assisting and representing us in our medical matter.” – Madam Y, Kuala Lumpur
- “I am very pleased with the services provided by MahWengKwai & Associates. Jasmine & Kar Men assisted me efficiently throughout the way. Everything was professionally conducted. My case was settled amicably and I am very pleased with the outcome. Thank you MWKA!” – Dr FA, Kota Bharu
|Anis Mohd Sohaimi|
|Wong Chee En|
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Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor  1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.