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21st July 2017    
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  Medico Legal

ANNUAL REPORT 2010

Let me give you the good news first – there will be no increase in the subscription rates for all categories of membership for year 2011.

For a medical defence organisation to be viable it must always be vigilant to do risk management of its business. In year 2009, MDM decided not to indemnify for procedures done by obstetricians and gynaecologist in “shoplots” practice. In such shoplot practice there is inadequate intensive care support.

We do not accept subscriptions from doctors who have less than four years postgraduate training in a tertiary hospital. There is a tendency for doctors to start specialist practice soon after receiving their postgraduate qualifications. They are inadequately trained and if admitted as members the rest of the members will have to bear their financial risks.

MDM also regularly review members’ incident reports, letters of demand and writs of summons. If there are reasons for us to believe that the members’ standard of practice and duty of care are below the accepted norm their subscriptions will not be renewed. It is important for doctors to be evidence based in their practice.

We also expect members to be proactive. When an incident happens please inform us as soon as possible. We will immediately provide timely advice and assistance and please keep us updated of the progress of the case. Most of the time when the “heat” is over the member has been lackadaisical. Then when the matter is pursued further by the patient’s solicitors the member takes the matter seriously. The matter could have been diffused or settled if member has been proactive and dealing with the matter in a timely manner.

There is an increasing frequency for patients to complain to the Malaysian Medical Council (M.M.C). Any complaints to the M.M.C. will be investigated by the Preliminary Investigation Council (P.I.C) even if it is a medical negligence matter. P.I.C. has to hear the case to ensure it is not an ethical matter. Attending a P.I.C. hearing is disruptive to one’s practice; one has to prepare the case and meet up with the solicitors, incurring legal costs. Some patients have been “educated” by the Private Healthcare and Facilities Act. Some have even written to the office of the Prime Minister.

In the 2010 MDM’s renewal notice we enquired from members whether they will attend risk management workshop if organized by us. The aim of the workshop is educating our members to avoid medical negligence. The Klang Valley members responded that seventy one will attend. We wrote to these seventy one members informing them the workshop date (a Sunday afternoon). Only six showed up. Another medical defence organisation in organizing such workshops also faced the same dilemma.

We are striving to have quality memberships, we are not emphasizing on quantity. To achieve the quality, we hope members will reflect on what has been mentioned above.

Finally it must be emphasized that a private medical practitioner should have adequate indemnity for his practice. There are a few high profile cases that are being litigated. It is estimated the court awards for a case will exceed RM3 million. Most insurance medical indemnity does not cover this amount. As a result such doctors being one of the defendants will try to take a “ride” on other doctors (also one of the defendants) who are covered by a medical defence organisation. In addition to the latter’s “unlimited cover” it is also occurrence based. We expect this to occur commonly in the near future.

Happy New Year.

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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