Medical negligence and patient complaints

Key points

Every licensed private healthcare facility must have a patient grievance mechanism and must report prescribed unforeseen incidents to the Director General of Health (Private Healthcare Facilities and Services Act 1998 ss 36, 37).
The Malaysian Medical Council has disciplinary jurisdiction over every registered doctor, including for alleged serious professional misconduct, and can reprimand, impose conditions, suspend, strike off and fine (Medical Act 1971 ss 29, 30).
A doctor can appeal a Council order to the High Court; notice must be given within one month of service of the order (s 31).
A negligence claim in tort must normally be brought within 6 years; a claim for a death within 3 years of the death (Limitation Act 1953 s 6; Civil Law Act 1956 s 7(5)).
Insurance payouts are not deducted from injury damages, and bereavement damages for a death are RM30,000 (Civil Law Act ss 28A, 7(3A)).

Private hospitals and clinics: complaints and incidents

The licensee or registration holder of a private healthcare facility or service must establish a grievance mechanism for patients using its premises; the plan and procedure are as prescribed by regulations (Private Healthcare Facilities and Services Act 1998 s 36).
The facility must report to the Director General of Health (or a person he authorises) the unforeseeable and unanticipated incidents prescribed by regulations, in addition to any other report required by law (s 37).
The licensee must ensure the facility is run by a person in charge, inspected as prescribed, and staffed by people registered under the relevant law or holding qualifications recognised by the Director General (s 31(1)). Breach is an offence: up to RM100,000 or 2 years’ jail or both for a sole proprietor; up to RM300,000 for a company, partnership or society, whose responsible persons are also liable (s 31(3)–(5)).
The Act does not cover government hospitals and clinics; complaints about those are not described here.

Complaining about a doctor: the Malaysian Medical Council

The Council has disciplinary jurisdiction over everyone registered under the Medical Act 1971 (s 29(1)). It may act against a doctor who, among other things, has been convicted of an offence punishable with imprisonment, is alleged to have committed serious professional misconduct as set out in the Council’s Code of Professional Conduct and guidelines, or obtained registration by fraud (s 29(2)).
The Council must have a mechanism — including a Disciplinary Panel from which the Preliminary Investigation Committee and Disciplinary Board are drawn — to inquire into complaints or information received against a medical practitioner (s 29(3)–(4)).
Punishments: reprimand; conditions on registration (treatment, practice conditions, courses, reporting); suspension from the Register (which can itself be suspended for up to two years on conditions); striking off; and a fine in addition (s 30(1)–(2)). A suspended doctor must not practise (s 30(3)). The Council may order costs, including a complainant’s, recoverable as a civil debt (s 30(5)).
Appeal: the doctor affected by an order may appeal to the High Court, which may affirm, reverse or vary it; notice of appeal against a s 30 order must be given within one month of service of the order (s 31).
Disciplinary action punishes the doctor; it does not itself award compensation to the patient.

Claiming compensation for an injury

Compensation for negligence is claimed by suing in the civil courts. In assessing personal-injury damages, the court does not deduct insurance payouts, pensions or gratuities, or statutory benefits (Civil Law Act 1956 s 28A(1)).
No damages are given for loss of expectation of life as such, but suffering from awareness of a shortened life counts in pain and suffering (s 28A(2)(a)–(b)).
Loss of future earnings: only if you were earning before the injury, based on earnings then less living expenses, and none if you were 60 or over when injured (s 28A(2)(c)); the multiplier is 16 years’ purchase if you were 30 or younger (s 28A(2)(d)).

When a patient dies

If a death is caused by a wrongful act, neglect or default, the person who would have been liable is liable to an action for damages (s 7(1)), brought by the executor for the spouse, parents, children and any person with disabilities under the deceased’s care (s 7(2)); if there is no executor or he has not sued within six months, the dependants may sue (s 7(8)).
Damages cover loss of support, reasonable expenses and funeral expenses; insurance, EPF, pensions and statutory benefits are not deducted (s 7(3)).
Bereavement damages are RM30,000, for the spouse, children and parents, shared equally (s 7(3A)–(3C)).
The action must be brought within three years after the death (s 7(5)).

Time limits

Actions founded on tort — including negligence — must be brought within six years from when the cause of action accrued (Limitation Act 1953 s 6(1)(a)).
For a person under a disability (for example a child) when the right accrued, six years from when the disability ended or the person died, whichever came first (s 24(1)).
Death claims under the Civil Law Act: three years from the death (Civil Law Act s 7(5)).

Laws cited on this page

Act 50	Medical Act 1971 Akta Perubatan 1971	PDF · PDF (BM) · Official ↗
Act 67	Civil Law Act 1956 Akta Undang-Undang Sivil 1956 Our guide →	PDF · Official ↗
Act 254	Limitation Act 1953 Akta Had Masa 1953 Our guide →	PDF · PDF (BM) · Official ↗
Act 586	Private Healthcare Facilities and Services Act 1998 Akta Kemudahan dan Perkhidmatan Jagaan Kesihatan Swasta 1998	PDF · PDF (BM) · Official ↗

Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →

Worked examples

Example 1: Injury after a private procedure

Facts. Kamal, 40, earning RM5,000 a month, is left with a lasting injury after a procedure at a private clinic. His medical insurance paid the follow-up bills.

The law. He may use the clinic’s grievance mechanism (Act 586 s 36), complain to the Malaysian Medical Council about the doctor (Medical Act s 29), and sue for negligence within six years (Limitation Act s 6(1)(a)).

Outcome. If he succeeds in court, the insurance payments are not deducted (Civil Law Act s 28A(1)(a)); loss of future earnings is based on his earnings when injured less living expenses (s 28A(2)(c)).

Example 2: A death in hospital

Facts. Ah Seng dies after an alleged medication error at a private hospital. He leaves a wife and two children.

The law. A dependency claim lies for loss of support, expenses and funeral costs (Civil Law Act s 7(1)–(3)), plus RM30,000 bereavement for the wife and children (s 7(3A)–(3C)).

Outcome. The claim must be filed within three years of the death (s 7(5)).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Where do I complain first about a private hospital?

Use the hospital’s own grievance mechanism, which every licensed private facility must have (Private Healthcare Facilities and Services Act 1998 s 36). Keep copies of everything you submit.

Can the Medical Council order the doctor to compensate me?

No. The Council’s powers are disciplinary — reprimand, conditions, suspension, striking off and fines (Medical Act 1971 s 30); compensation is claimed in the civil courts. The Council may, however, order payment of a complainant’s costs (s 30(5)).

If the Council acts against the doctor, can the doctor appeal?

Yes, to the High Court, giving notice within one month of service of the order (s 31).

How long do I have to sue for medical negligence?

Six years from when the cause of action accrued for a claim in tort (Limitation Act 1953 s 6(1)(a)); for a death, the dependency claim must be brought within three years of the death (Civil Law Act 1956 s 7(5)).

My insurer already paid my medical bills. Will that reduce my damages?

No. Sums paid under a contract of insurance are not taken into account in assessing personal-injury damages (Civil Law Act s 28A(1)(a)).

Who can claim if a patient dies?

The executor, for the spouse, parents, children and any person with disabilities under the deceased’s care — or the dependants themselves if no executor sues within six months (Civil Law Act s 7(2), (8)); bereavement damages go to the spouse, children and parents (s 7(3B)).

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Civil Law Act 1956 Limitation Act 1953 Getting legal help Small claims (RM5,000 and below)Government Proceedings Act 1956