Kpj Ampang Puteri Specialist Hospital Hospital in Ampang, Malaysia

I have been left in constant pain and with significantly reduced mobility for the last 2 years following total hip replacement surgery for which the hospital's surgeon did not have informed consent, as he did not advise me of the surgery-related risks beforehand! Despite the hospital knowing this from the consent forms in its records, which confirm I was not given a "risk disclosure information sheet" and that "general and specific risks of treatment, procedure or operation" were not discussed with me! Also, from the hospital's grievance meeting, chaired by the hospital's medical director (person in charge), during which the surgeon repeatedly avoided answering for not advising me of the risks. Despite the Malaysian Federal Court ruling that a private hospital has a non-delegable duty of care toward its patients for the negligence of anyone, including anyone engaged under a contract for service to treat its patients, the hospital has not addressed the matter.

The hospital's CEO dishonestly stated that my complaints were answered, but the letters, emails, and messages from the hospital show otherwise. He also dishonestly stated in a letter, "Kindly take note that the Surgeon was at all material times carrying out his practice in the Hospital, not as an employee or an agent of the Hospital but as an independent contractor, employed under a 'contract for service'", despite the Federal Court's ruling that the hospital has a duty of care towards any patient, even when they are treated by someone engaged under a contract for service! Also, when the Ministry of Health instructed the Person in Charge, who had violated regulations by not writing to me within 14 working days of the hospital receiving my complaints, to write to me, he lied in his replies to 5 of the 7 complaints he answered. I escalated my complaints to KPJ Healthcare Berhad, which owns this and another 20+ hospitals. It appears happy with the hospital ignoring its obligation imposed on it by the Federal Court and the dishonesty of both its CEO and Person in Charge, as its President and its COO have not addressed these issues!

When the lies by the Person in Charge were highlighted to the Ministry of Health, it did nothing, nor did it do anything about the hospital ignoring its non-delegable duty of care. I then made complaints about the Person in Charge and the surgeon to the Malaysian Medical Council (MMC). Related to the complaint about the Person in Charge, despite the evidence of his lies provided along with my complaint, the MMC's Preliminary Investigation Committee recommended to its council that no investigation be carried out into the person in charge's lies! In relation to my complaint about the surgeon's negligence, it is still ongoing after 17 months! This fact should be remembered by potential medical tourists, as the complainant must be physically present at all sessions of the MMC's Disciplinary Board inquiry! For now, I will not say anything else about the inquiry into the surgeon as the inquiry is still ongoing!