I am a doctor facing a complaint or claim — what should I do first?

For most doctors, a complaint or legal claim is a stressful and unfamiliar event. Dr Chee Hui Bing, who leads our firm, is a former medical doctor, and the firm acts in medical disputes, so we see these situations from both sides. The first few days often shape how the matter unfolds. This guide sets out practical first steps.

What kind of matter is it?

Identify what you received, because each route has different rules and deadlines:

• An informal complaint to you or your hospital or clinic.
• A complaint to the Malaysian Medical Council (MMC), which may lead to a disciplinary inquiry under the Medical Act 1971.
• A letter of demand from a lawyer, often with a deadline to respond.
• A writ and statement of claim served on you: the start of a civil action.
• Police contact: rare, but treat it as urgent (see criminal negligence).

Step 1: Notify your indemnity provider or insurer

Most indemnity arrangements require prompt notification and may limit cover if you admit liability or settle without consent. Notify them as soon as you know of a complaint or potential claim, and send a copy of what you received. If you work in a hospital, check whether the hospital's own insurer is also involved.

Step 2: Preserve the record and never alter it

• Secure the complete clinical record: notes, charts, imaging, lab results, consent forms, messages and appointment logs.
• Never change, add to or remove anything in the original record. If you must clarify, write a separate dated and signed note that is clearly an addendum, after taking advice.
• Electronic systems usually keep audit trails; any later change will show.

Altering records can damage your credibility more than the original clinical issue and can itself lead to professional and legal consequences.

Step 3: Write a private factual account

While memory is fresh, write a chronological account of what happened, addressed to your lawyer and marked "privileged and confidential: prepared for legal advice". Note who was present, what was discussed, and why you made each decision. Do not circulate it.

Have a question about your own situation? Ask on WhatsApp

Step 4: Note every deadline

• Writ: under the Rules of Court 2012, an appearance must generally be entered within 14 days after service, and a defence served within 14 days after the time limited for appearance or after the statement of claim is served, whichever is later. Missing these can lead to a default judgment.
• Letter of demand: the deadline stated is not a court deadline, but a considered response through your lawyer or indemnity provider is better than silence.
• MMC: respond within the time stated in the Council's letter, or ask for more time in writing.

Step 5: Communicate carefully with the patient

Patients often complain because they feel unheard. An honest, compassionate explanation and an expression of sympathy are part of good practice under the MMC's Code of Professional Conduct, and may resolve some concerns. But once a formal complaint or claim is made, get advice on what to say. Avoid speculating, blaming colleagues or making admissions in writing.

Step 6: Prepare your MMC response with care

Your written response is often the first thing the Council reads. Keep it factual, measured and supported by the record. Address each allegation, explain your clinical reasoning, and show reflection where appropriate. Avoid defensive or emotional language.

Common mistakes: altering notes, contacting the patient in anger, discussing the case on social media or chat groups, ignoring a letter of demand, and missing the writ deadline.

When to speak to a lawyer

Speak to a lawyer as soon as you receive a letter of demand, a writ, an MMC notice or police contact, ideally alongside your indemnity provider. You can contact us to discuss your situation; every case depends on its facts.

Frequently asked questions

Should I apologise to the patient?

Expressing sympathy and explaining what happened is good practice. Be careful about written admissions of fault once a claim is threatened; take advice first.

Can I give the patient their records?

Patients are generally entitled to their records through the proper process. Release copies through the usual channel and keep the original intact.

My hospital says it will handle it. Do I need my own advice?

Your interests and the hospital's may differ, especially if responsibility is disputed. Check with your indemnity provider.

What happens if I ignore a writ?

The plaintiff may obtain judgment in default. Act immediately when you are served.

Can the MMC complaint and the civil claim run at the same time?

Yes. They are separate processes with different purposes; one can affect the other, so coordinate your responses.

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. Medical Act 1971 (Act 50), Malaysian Medical Council copy
2. Malaysian Medical Council, Laws & Regulations (Medical Act 1971, Medical Regulations 2017, complaint form)
3. Malaysian Medical Council, Code of Professional Conduct 2019
4. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026