Page 242 - ANUAL REPORT MOH 2017

Table 27
Number of Potential Medico Legal Complaints and Medical Litigation
Cases Recorded by MoH (2013 to 2017)
Year Potential Medico Legal Complaints Medico Legal Litigation
2013 159 35
2014 142 55
2015 173 55
2016 225 59
2017 207 40
Source: Surveillance Unit, Medico Legal Section, MoH

ii. Independent Inquiry Committee
Independent Inquiry Committee will be established for medico legal cases which were not resolved at the
facility and state level. Cases which demand compensation will also be investigated via this committee.
Independent Inquiry Committee is an external panel consisting of Senior Consultant Specialist, Specialist
from related discipline, representative from State Health Departments, Representative from Medical
Practice Division and community representative. In 2017, a total of 136 inquiries had been conducted
by the MoH.

iii. Ex Gratia Meetings
Ex Gratia Meetings were conducted at the Ministry level on a monthly basis. Medico legal cases
requesting compensation will be presented and discussed in this meeting. The meetings were chaired
by the Director of Medical Practice Division and the panels include representative from MoH Legal
Advisor Office and members of the Attorney’s General Chamber. In 2017 a total of 124 potential medico
legal cases were presented of which 93 (75 per cent) cases were offered for ex gratia payment.

iv. Ex Gratia Compensation
In 2017, the total amount of ex gratia compensation paid for medico legal cases was RM 1,669,085.45
and the amount paid for court cases was RM 13,404,713.88. The total amounts of payment in 2017
for both cases were RM 15,073,799.33. The figure was significantly higher as compared to amount
being paid in 2016 which was RM 11,219,138.44 (Table 28).

Table 28
Compensation Paid by Court and Ex Gratia Payment (2013 to 2017)

Payment for Payment for
Year Total (RM)
Court Cases (RM) Ex Gratia Cases (RM)
2013 18,107,845.77 (29) 7,069,399.00 (76) 25,177,244.47
2014 410,000.00 (5) 6,762,109.00 (71) 7,172,109.00
2015 20,099,197.37 (30) 4,430,400.00 (73) 24,529,597.37
2016 5,986,092.39 (13) 5,233,046.05 (56) 11,219,138.44
2017 13,404,713.88 (26) 1,669,085.45 (51) 15,073,799.33
Source: Surveillance Unit, Medico Legal Section, MoH
( ) – denotes no. of cases

MINISTRY OF HEALTH MALAYSIA ANNUAL REPORT 2017 241