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15th November, 2013

ANNUAL REPORT 2013

Greetings and best wishes from MDM Bhd.

SUBSCRIPTION RATES

The last increase in subscription rates was in year 2013. For year 2014 there will be an increase only in subscription rates for Clinical Genetics, Clinical Pharmacology, Community Health, Internal Medicine, Dermatology, Endocrinology, Geriatric Medicine, Haematology, Immunology, Infectious Diseases, Medical Toxicology, Nephrology, Neurology, Nuclear Medicine, Occupational Health, Paediatrics, Pathology, Palliative Medicine, Psychiatry, Rehabilitation Medicine, Rheumatology and Sports Medicine.

The increase is 6.7% (RM200.00). The new subscription rate will be RM3,200.

Despite the rising legal costs, generous court awards and settlements out of court, MDM Bhd will have to very prudently safeguard our pool of funds. In a Kuala Lumpur High Court Civil Suit, RM5.4 million was awarded to a plaintiff who sued an obstetrician and gynaecologist (not an MDM member) and a hospital. The defendants appealed to Court of Appeal, Malaysia. The Court of Appeal upheld the High Court judgement but reduced the award to RM4.3 million. This large award will definitely affect the insurance industry and the medical defence organizations.

To safeguard our pool of funds, MDM will have to do "risk management" for its members.

PRACTISING SAFE MEDICINE

Members are reminded to practise within their capabilities, training and qualifications in a "safe environment". When the amended Medical Act 1971, ("Act 50") is enforced medical specialists must register with National Specialist Register, NSR. If a MDM member, registered with NSR practises outside his specialty MDM Bhd will not defend him when he has a medical negligence suit. (Please refer to Case Study No. 3). Such members should not be funded by the rest of the MDM members.

The instances quoted below are real situations where a MDM director have knowledge of.

a)   an 88 year old, non diabetic lady with pressure sores on both heels was asked to have a bilateral above knee amputation by an orthopaedic surgeon of a teaching hospital!

b)   a young woman of 30 years old underwent normal vaginal delivery under epidural analgesia. On the same day after the delivery on sitting up she had neck pain, severe headache and vomiting. The anaesthetist who gave the epidural anaesthesia could not explain to the patient the cause of her symptoms! The consultant neurologist confirmed that she had meningism. A senior anaesthetist had to do a "blood patch" for the C.S.F leak!

c)   anaesthetist simultaneously running two operating theatres giving general anaesthesia. One of the patient suffered a cardiac arrest and died!

d)   a man suffered paraplegia from a compression fracture at T3 vertebra and a flake fracture of the anterior aspect of T7 following a fall. The spinal canal was not compromised. The spinal surgeon operated and inserted 16 pedicle screws (8 on each side) on the thoracic vertebrae.

The above highlight the poor clinical judgement of the doctors involved; ignorance of likely complications from procedures; practising risky medicine for financial gains.

With the current annual production of 5000 doctors per year and the eventual 10,000 doctors per year MDM  envisage a not so healthy medical claim environment in the near future due to lack of proper and supervised training.

MDM members should practice safely and ethically and not be solely engrossed in making financial gains.

SAFE ENVIRONMENT

A few years ago MDM stopped providing indemnity cover to obstetricians and gynaecologists for procedures done in a "shoplot". MDM wanted the specialists to practise in the safe environment of a hospital.

We still have incidents where anaesthetist working in an operating theatre which has no pulse oxyimeter or a working defibrillator; orthopaedic surgeons finding a leaking tourniquet during an operation or the power tools that are not functioning.

These shortcomings should be raised by the doctors at the M.D.A.C. meetings with the management as the hospital is vicariously liable, although in the Court of Law the doctor is responsible to ensure that the environment is safe for his patients.

CODE OF PROFESSIONAL CONDUCT, MALAYSIA MEDICAL COUNCIL

It is timely for each member to revisit and be familiar with the Code and the
Declaration of Geneva.

Your practice should be guided by this Code and the Geneva Declaration.

10TH ANNIVERSAY ESSAY COMPETITION

The results of this competition are as follows:

1.   "Should doctors lie on behalf of patient" was won by Mr. Subramaniam a/l S.P. Palaniappan, Taylor's University.

2.   "How medical students can contribute to the practice of patient safety" - only one participant. This topic was not considered. In view of there being one participant no winner was declared.

3.   "Organ donation should be mandated by law" won by Mr. Aravindhanraj s/l Rajoo, Faculty of Medicine, SEGI University College.

The prize of RM2,000 each was presented by our Advisor, Tun Zaki Tun Azmi, to each winner on 19th April, 2012.

The two essays are on MDM's website; www.mdm.org.my.

 

With Best Wishes for a successful 2014.

 

signature
Tan Sri Dato' Abu Bakar Suleiman
Chairman
Medical Defence Malaysia Berhad



MEDICO-LEGAL UPDATES
•  Case Notes 2016

•  Annual Report 2016

•  Case Notes 2015

•  Annual Report 2015

•  Case Notes 2014

•  Annual Report 2014

•  Case Notes 2013

•  Annual Report 2013

•  Ethics Essay Competition – 10th Anniversary of MDM Bhd

•  Case Notes 2012
(2012)

•  Annual Report 2012
(1st December 2011)

•  Governance and Conflict Management Systems Training
(28th May 2012)

•  Case Reports for 2011
(1st December 2011)

•  Annual Report 2011
(1st December 2011)

•  Medical Negligence, Mediation and Medical Records
(8th Dec 2010)

•  ANNUAL REPORT 2010
(8th Dec 2010)

•  CASE REPORTS FOR 2010
(8th Dec 2010)

•  ANNUAL REPORT 2009
(2nd Dec 2009)

•  CASE REPORTS FOR 2009
(2nd Dec 2009)

•  Healthcare Tourism Congress 12 & 13 April 2010
(18th Sep 2009)

•  Forensics Conference
(3rd Sep 2009)

•  ADR CONFERENCE ON MEDICAL NEGLIGENCE 2009
(17th May 2009)

•  Conference Notice
(6th May 2009)

•  ABF Medico Legal Seminar
(6th May 2009)

•  HOSPITAL SERVICE AGREEMENT
(9th Jan 2009)

•  CASE REPORTS FOR 2008
(15th Dec 2008)

•  INDIVIDUAL INSURANCE POLICY
(9th Dec 2008)

•  ANNUAL REPORT 2008
(9th Dec 2008)

•  ANNUAL REPORT 2007
(27th Dec 2007)

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