KUALA LUMPUR – It is not necessary for the government to establish a royal commission of inquiry (RCI) to investigate the sudden demise of a trainee doctor at Penang Hospital, lawyers said.
Instead, former Malaysian Bar president Salim Bashir Bhaskaran opined that the family of the deceased houseman can call upon an inquest if the cause of death raises suspicious circumstances.
“It can be left to the government to decide on forming an RCI…another route is to report and address the shortcomings via the Malaysian Medical Council, as it is the regulatory body to the medical profession,” Salim said when contacted by The Vibes.
On May 3, The Vibes reported that a houseman who was stationed at Penang Hospital early last month was believed to have died after falling from a building on April 17.
This is believed to be the second death involving a junior doctor in Penang.
In December 2020, The Vibes reported that a doctor who had resigned from the same hospital had died suddenly.
The latest incident triggered an outcry among medical practitioners, who urged the authorities to look seriously into the matter instead of dismissing it as a “common” issue.
Several doctors, who asked to remain anonymous due to the sensitivity of the issue, said bullying in the medical fraternity is a pervasive problem.
While an RCI is considerable, Salim said, police should be put to task to probe into the matter and leave no stone unturned.
The senior lawyer explained that an RCI is usually looked into for matters of public importance and controversial subjects such as government structures, issues where serious inquiries need to be resolved, and controversial matters involving institutional reforms.
The RCI can be formed under the Commission of Inquiry Act 1950 at the behest of the Yang di-Pertuan Agong with the recommendations of the government.
“It has specific powers like the usual functions of trial courts such as calling for witnesses and issuing subpoenas to attend an inquiry.
“But it is not a court, and it doesn’t have the powers and jurisdiction of a court proper under the law.”
The RCI, he said, conveys the findings in its report to the Yang di-Pertuan Agong, which will then be passed on to the government.
It is up to the executive branch whether it wants to implement any of the recommended suggestions.
Police investigation, civil action
Human rights lawyer Asheeq Ali also shared Salim’s sentiments, saying an RCI is not the right forum to deal with and determine the cause of death.
Asheeq concurred with Salim that police should play a vital role in investigating the sudden death of the junior doctor if any criminal elements are involved.
“The family of the deceased may also consider taking civil action against the authorities if there is any element of negligence that may have led to the death of the doctors,” he said.
An RCI will not take the matter any further if there is no political will from the government to address this issue, he said.
However, lawyer Lim Wei Jiet said an RCI may be warranted, but it should be conducted nationwide and must not only be centred on this particular case.
Should Putrajaya make up its mind on establishing an RCI to investigate alleged bullying and abuse of housemen at government hospitals, Lim said, the government must show strong commitment to following up on adopting the recommendations made by the panel.
Ideally, the government must show commitment to seriously taking into account the recommendations made by the RCI and implementing them.
“Given so much resources, it would be wise to investigate the whole of Malaysia. Otherwise, it’d just be a waste of time and money,” he told The Vibes.
The Muda vice-president said it would be worth a shot for the government to form an RCI, as the matter surrounding the alleged bullying is a critical issue that has resulted in a brain drain problem.
“Many medical practitioners do not want to work in Malaysia but prefer to work in neighbouring Singapore because of the alleged bullying culture.”
Previously, former Batu Uban assemblyman Dr T. Jayabalan said the government should set up an RCI, as it would bring many things to surface as the two junior doctors who were working at Penang Hospital had lost their lives under worrying circumstances.
Call to punish abusive individuals
The Health Ministry has announced that it will set up an independent task force to investigate the recent sudden death of the junior doctor and allegations of a bullying culture among the healthcare fraternity.
Former Malaysian Medical Association president Datuk Dr N. Ganabaskaran said any culprits found culpable of bullying and racism must be punished.
The allegations of bullying and racism must be proven, but they are not that easy to prove. Who will come forward and testify? However, the wrongdoers must be punished for their inhumane acts,” he said.
He said the bullying of housemen by medical officers and specialists has been going on for a long time, and many had accepted it as part and parcel of the medical profession, but there is a limit to everything.
“In the past, the Health Ministry has come up with several initiatives to eradicate such issues at the hospitals,” he said.
“The ministry should tell what initiatives were brought up to revamp the system,” he added. – The Vibes, May 10, 2022
Additional reporting by Arulldas Sinnappan
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