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19th November 2017    
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  Medico Legal

HOSPITAL SERVICE AGREEMENT

Members of MDM Bhd should vet their “Hospital Service Agreement” or “Hospital Contract” before agreeing to the terms. Appended below is a sample of a clause in a Hospital’s Service Agreement which is detrimental to the consultant.

“The Consultant shall be personally liable for any acts of negligence or omission committed by him personally or by his agents in the conduct of his professional practice at the Hospital. The Hospital shall not be responsible for any tortious acts of the Consultant and the Consultant undertakes to fully indemnify the Hospital against any losses or damages suffered or incurred by the Hospital in respect of any claims or actions brought against the Company and/or the Hospital by any person arising from any tortious or negligent acts or omissions of the Consultant or his agent”.

Members are cautioned not to agree to the above terms. It would be difficult to get an appropriate defence cover or insurance to meet the Hospital’s demand for an indemnity.

Members have no control on how an aggrieved patient or his or her solicitors may wish to proceed. Members cannot dictate to a potential plaintiff as to who should be added as a Defendant. If a member agrees to such a term without the express approval of Medical Defence Malaysia Berhad, then that member will have to bear personally the brunt of the extension of such liability.

The Hospital should take their own insurance cover and it should not try to take a free ride on the Consultant. If the Hospital has been wrongly sued by the patient, then the Hospital should recover its cost from the patient and not from the Consultant.

Liability and apportionment of liability is a mixed question of fact and law. So, too, is the question of an indemnity or a contribution.

A member of MDM Bhd should not enter into any agreement which will unreasonably cause to widen the extent of MDM’s liability so as to provide an automatic indemnity to the Hospital.

MDM Bhd will only bear liability of its member’s medical negligence.

Yours sincerely,
Dr. Eddie Soo
Executive Director
Medical Defence Malaysia Bhd



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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