A doctor at a chain or group clinic made a mistake. Who do I sue in Malaysia?

Many people in Malaysia now see doctors at clinic chains, franchise clinics or group practices. When something goes wrong, the question "who do I sue?" is not always obvious. The doctor who saw you may be an employee, a partner, a locum or a contractor. The name on the signboard may not be the name of the company registered as the operator.

Who might be responsible?

There are usually three possible parties:

1. The treating doctor, who owes you a personal duty of care.
2. The clinic operator, usually a company, which registers the clinic (or, for some facilities, licenses it) under the Private Healthcare Facilities and Services Act 1998.
3. In some cases, a franchisor or group company that sets protocols, though its liability depends heavily on the facts.

When is the clinic company liable?

• Vicarious liability: an employer is generally liable for negligence committed by employees in the course of their employment. If the doctor is employed by the clinic company, the company is usually liable alongside the doctor.
• Locum doctors: whether the clinic is liable for a locum depends on the arrangement and how the clinic presented the service to you.
• Non-delegable duty: in Dr Kok Choong Seng v Soo Cheng Lin [2018] 1 MLJ 685, the Federal Court accepted that a private healthcare provider may owe a non-delegable duty in some circumstances. Whether that applies to a clinic depends on the facts. See our guide on non-delegable duty.
• Direct liability: a clinic may also be liable for its own systems, for example poor record-keeping, unsafe protocols or failing to follow up abnormal test results.

How do I identify the right defendant?

From a practical point of view, look at:

• receipts and invoices, which often show the company name and registration number;
• the clinic's registration certificate displayed at the premises;
• prescription labels and medical certificates, which usually name the doctor;
• referral letters and lab reports;
• the company's details from the Companies Commission of Malaysia (SSM).

Have a question about your own situation? Ask on WhatsApp

What should I do first?

1. Get proper treatment for the problem first.
2. Request your records from the clinic in writing. See getting medical records.
3. Keep every receipt, prescription and medicine packaging.
4. Write down the date, the doctor's name if known, and what was said.
5. Get an independent medical opinion on whether the care fell below standard. See what to do if you think a doctor made a mistake.

Examples

• A child's fever is diagnosed as viral at a chain clinic, the parents return twice, and a serious infection is later found. The issues are whether the diagnosis met the standard of care, and who employed the doctors on each visit.
• An abnormal blood result is sent to the clinic but no one calls the patient. That may point to a system failure by the clinic operator.

Common mistakes

• Suing only the brand name instead of the legal entity.
• Assuming the doctor alone is responsible.
• Throwing away receipts and packaging.
• Waiting too long; time limits apply.

When to speak to a lawyer

If you suffered serious harm after treatment at a clinic and are unsure who is responsible. You can contact us; every case depends on its facts.

Frequently asked questions

Can I sue both the doctor and the clinic?

Often yes. A lawyer will usually name each party that may be responsible.

The doctor has left the clinic. Can I still claim?

Yes. The doctor can still be sued, and the clinic company may remain liable.

Is the franchisor responsible?

Sometimes, but franchisors often argue they do not control clinical care. It depends on the arrangement and the evidence.

Can I complain to the Malaysian Medical Council?

Yes, about a doctor's professional conduct. See complaining to the MMC.

Does it matter that the clinic changed its name?

The company behind it is what matters; company records can show the history.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Private Healthcare Facilities and Services Act 1998 (Act 586), Ministry of Health copy
2. Dr Kok Choong Seng & Anor v Soo Cheng Lin [2018] 1 MLJ 685 (Federal Court) (reported judgment)
3. Malaysian Medical Council, Code of Professional Conduct 2019
4. Medical Act 1971 (Act 50), Malaysian Medical Council copy

Fact-checked on 17 Oct 2026