Are you getting the best possible treatment?

FreeMalaysiaToday: PETALING JAYA: Are pills prescribed by your doctor really the best medicine for you? This is the concern of the Federation of Private Medical Practitioner’s Association of Malaysia (FPMPAM).
Its president, Dr Steven Chow, said the independence of doctors in treating patients are often compromised due to contracts with third party private healthcare facilities in breach of doctors’ code of conduct.
“Over the years, we have noted that private entities have created contracts which virtually takes away the independence of a doctor’s managements of patients,” said Chow.
These contracts would cover issues relating to the types of medicine that can be given, the conditions in which the patients are allowed to see the doctor, and procedures to adhere to.
These terms and conditions are “not necessarily in the best interest of the patients,” said Chow.
He said these contracts should be deemed “illegal” as under the Private Health Care Facilities and Services Act (PHFSA) 1998, all private healthcare providers, its board of management and its doctors, are required to comply with the Malaysian Medical Council’s (MMC) Code of Professional Conduct.
“If a doctor signs such a contract, he naturally breaches the law, too, and is liable for prosecution,” said Chow.
He added that FPMPAM has received reports alleging that some private hospitals, and third party payers may have policies that contravene the code of conduct of the MMC.
“It should not be allowed,” said Chow, and urged that from now on, all contracts should be sent to the Medical Practice Division in the Health Ministry to be vetted, which should be the proper procedure.

Business-driven contracts
Chow said medication has become more commercialised over the years.
“Today, medical care is being touted as a lucrative business commodity to be bought and sold, with corporate visions of exponential growth and billion-dollar turnover,” he said.
“In the current healthcare scenario, the basic needs of patients and the aspirations of compassionate doctors are no longer a contractual priority.
“Instead, the turnover generated by doctors and their corporate patients has become the implicit driver of business-driven contracts,” he said.
“At end of the day, who is going to protect the rights of the patients?” asked Chow.
He said that what is worse is that the healthcare facilities management would even terminate doctors who become “whistleblowers” and bring up such issues.
Citing a local case, Chow said one doctor was sacked by the management of a private hospital when he reported the wrongdoings of the hospital to the MMC.
“The said doctor then sued the hospital for wrongful termination and the court subsequently found that the hospital had acted wrongfully,” said Chow.
One Dr Milton Lum, a gynaecologist and a former Malaysian Medical Association president, had in 2009 sued Assunta Hospital for damages and loss of income after it terminated his contract.
Lum had alleged that he was terminated following a complaint he made to MMC against another doctor for breach of confidentiality.
The High Court, on Nov 30 last year, ruled that Lum’s termination as unlawful, not done in good faith or in the interest of the medical profession.
The hospital was ordered to pay RM15,000 in costs.
“We cannot have doctors with integrity who raise such matters to the authorities end up being sacked,” said Chow.
“Doctors also should not breach the MMC’s code of conduct. If they’ve already signed contracts unknowingly, FPMPAM will defend these doctors, including giving legal help,” he added.
“FPMPAM calls on all parties to always ensure that patients’ rights and interests are paramount and desist from policies and/or directives that contravene the MMC’s code.