PETALING JAYA: The Malaysian Medical Council (MMC) has been slapped with yet another lawsuit by doctors who have secured qualifications under a parallel pathway programme initiated by the health ministry.
Four cardiothoracic surgeons who obtained specialist qualifications from the Royal College of Surgeons of Edinburgh (RCSEd) are seeking registration on the National Specialist Register (NSR) pursuant to Section 14C of the Medical Act 1971.
This is the third application for judicial review brought against the medical practice regulator since last December.
The joint application for leave to commence judicial review proceedings, sighted by FMT, is brought by Drs Nur Aziah Ismail and Chong Kee Soon, both from the National Heart Institute (IJN), and Drs Syed Nasir Syed Hassan and Lok Yuh Ing who are attached to public hospitals.
The doctors successfully attained their specialisation in cardiothoracic surgery (FRCS Ed).
All four have also passed a mandatory RCSEd Joint Specialty Fellowship Examination in cardiothoracic surgery which is used in both Hong Kong and Singapore.
They want an order of certiorari to quash MMC’s decision made on Oct 17 last year rejecting their applications to register on grounds of non-recognition of the qualification.
They also seek a mandamus order to compel the regulator to recognise their FRCS Ed qualification within seven days of the decision.
The quartet are also seeking general and exemplary damages against the MMC and for the regulator to bear legal costs.
The case, filed on March 20, is scheduled to be heard by Justice Amarjeet Singh in the Kuala Lumpur High Court on April 17.
According to the court documents, Nur Aziah completed five years of training at IJN. She also spent a year each at the Sarawak Heart Centre (SHC) and under supervised practice.
Meanwhile, Chong did his course at IJN over five years and spent one year at the Universiti Malaya Medical Centre.
Syed Nasir did his training at Serdang Hospital (three years), IJN (one year) and UMMC (two years).
Lok was attached to Penang Hospital (one year), Serdang Hospital (two years), IJN (one year), SHC (one year) and Derriford Hospital in Plymouth, UK (one year).
The applicants claim they have a legitimate expectation of registration after former health director-general Dr Noor Hisham Abdullah, a past president of the regulator, announced in 2014 the parallel pathway as an alternative programme for aspiring cardiothoracic surgeons.
“The respondent (MMC) issued a press statement on June 24, 2021 to expressly state that it recognised qualifications conferred through the parallel pathway programme without being subject to Malaysian Qualifications Agency accreditation,” they claimed in their supporting affidavits.
They contend that the FCRS Ed qualification was on the MMA’s list of recognised qualifications for the purpose of NSR listing before it went missing beginning January 2022.
“The respondent had acted in excess of jurisdiction, which was irrational and unreasonable. It was procedurally improper as no adequate reasons were given.
“It (has) violated the fundamental right of livelihood of the applicants under Article 5(1) read with Article 8(1) of the Federal Constitution,” they claimed.
The doctors are represented by Steven Thiru & Sudhar Partnership.
Recently, six specialists who qualified under a Universiti Sains Malaysia pathology (medical genetics) programme were granted leave to challenge the MMC’s decision not to recognise their qualifications. Their case will be heard on June 20.
In a separate suit, a Malaysian neurologist based in Hong Kong will have the merits of an application for enrolment on the NSR heard on April 16.
The MMC is also embroiled in legal action brought by Lincoln University over the regulator’s refusal to recognise its medical degree programmes. The case is presently pending in the Federal Court. - FMT
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