I am disturbed at a recent press report of medical negligence said to have taken place in both government and private health facilities recently.

Allegations have been raised to the effect that between the period of December 9, 2004 to December 10, 2005, six medical facilities were responsible for the deaths of six babies and brain damage in two others. If these allegations are true, there is cause for serious concern. This is more so if these highlighted cases are just the tip of the iceberg.

Based on the press report, it is understood that the Malaysian Medical Council (MMC) will be investigating these eight cases. We hope that investigations will be carried out swiftly, and the appropriate action taken if any party is found guilty of medical misconduct. However, we remained concerned about the MMC operations as a whole.

In June 2002, CAP submitted a memorandum to the minister of health calling for a total revamp of the Malaysian Medical Council which presently handles complaints against doctors.

Ideally, the council overseeing medical negligence cases or complaints against doctors should be presided by an independent party, for instance, a senior member of the judiciary familiar with the workings of the medical profession. It should remain autonomous and independent of the Ministry of Health, while enabling all stakeholders to judge its performance. The remaining members of this body ought to comprise of a fair balance of public and medical professionals.

An advisory panel comprising doctors could be set up, preferably within the council, where complainants alleged victims and lawyers will be able to obtain expert opinion on medical cases. This would offset the problem of getting experts to give their official views in misconduct cases involving doctors.

The council should be empowered to deal directly with medical negligence cases with a provision for appeal to the High Court by both parties. At present, such cases are left to the courts to decide.

The Medical Act 1971 and Medical Regulations 1974 should be amended to cover investigations into medical negligence cases. Where medical negligence cases are filed in court, this body could immediately initiate investigations on the circumstances surrounding the case after the court has given its decision. Even where medical negligence matters are settled out of court, the body should continue conducting investigations.

There should also be a fixed time-frame for complaints or reports of medical errors or misconduct to be heard and disposed of. Other professional bodies such as the Bar Council sets a time limit for complaints brought against its members. It is unacceptable if investigations are allowed to drag on indefinitely without any decision being effected.

In the United States, studies carried out between 1993 and 1998 give some of the following occurrences:

12,000 deaths a year from unnecessary surgery

7,000 deaths a year from medication errors in hospitals

20,000 deaths a year from other errors in hospitals

80,000 deaths a year from infections acquired while in hospitals

(Starfield B Jama, 2000)

Assuming that our healthcare standards are no worse than a developed nation such as the US, it is likely that comparable mortality figures exist in our healthcare setting. Where medical misconduct or negligence is involved, an independent council is needed to conduct investigations.

The writer is the president of the Consumers Association of Penang.