I was misdiagnosed in an online or telemedicine consultation in Malaysia. Can I claim?

Online consultations through apps, insurer portals and clinic video calls are now common. They are convenient for minor illnesses and follow-ups. The risk is that some conditions cannot be safely assessed without an examination, and a missed diagnosis may cause serious harm.

What law applies to telemedicine in Malaysia?

• The Telemedicine Act 1997 (Act 564) comes into force only on a date appointed by the Minister. The Ministry of Health lists it as "yet to be enforced".
• Doctors remain regulated by the Medical Act 1971 and the Malaysian Medical Council's (MMC) codes.
• The MMC Guideline on Telemedicine, endorsed on 23 January 2024, replaced the earlier COVID-era advisory on virtual consultations. Among other things, it says virtual consultations should generally follow an established doctor-patient relationship, with first virtual consultations possible in some situations, especially in primary care, if the doctor can justify it and follows the guideline.

What is expected of a doctor online?

From a clinical and legal point of view, the key questions are usually:

• Did the doctor take an adequate history and ask about red-flag symptoms?
• Did the doctor recognise the limits of a remote assessment and advise an in-person examination or emergency care where needed?
• Was the advice and any prescription appropriate on the information available?
• Were the patient's identity, consent and records properly handled?
• Were clear safety-net instructions given, such as "go to the emergency department if…"?

The legal standard remains that of a reasonably competent practitioner, assessed with expert evidence. See misdiagnosis claims.

Who is responsible: the doctor or the platform?

• The consulting doctor owes you a personal duty of care.
• The platform or clinic may be responsible depending on whether it employed the doctor, how it presented the service, and its own systems (for example, triage questions or record-keeping).
• Platform terms often try to limit liability. Whether those terms are effective depends on the wording and the law.

Have a question about your own situation? Ask on WhatsApp

What evidence should I save?

1. Screenshots of the full chat, including timestamps.
2. Any video call logs, booking confirmations and receipts.
3. E-prescriptions and medical certificates.
4. Your own record of symptoms you reported.
5. Records from the later in-person doctor or hospital that made the correct diagnosis.

Ask the platform in writing for a copy of your consultation records. Do not delete the app or your account.

Common mistakes

• Deleting the app or chat history.
• Not mentioning the online consultation to the next doctor.
• Assuming the platform's terms prevent any claim.
• Waiting too long; time limits apply.

When to speak to a lawyer

If a delayed diagnosis after an online consultation led to serious harm, such as a missed infection, appendicitis, heart attack or stroke. You can contact us; every case depends on its facts.

Frequently asked questions

Is a doctor online held to a lower standard?

No. The doctor must act reasonably in the circumstances, which includes knowing the limits of remote care.

The doctor was outside Malaysia. Can I claim?

Possibly, but it is more complex. The MMC guideline addresses doctors outside Malaysia treating patients here, and jurisdiction and enforcement questions arise.

Can I complain to the MMC?

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

I accepted the platform's terms. Can I still sue?

Possibly. Terms limiting liability for negligence are not always effective, especially for personal injury.

Do I need my records from the platform?

Yes. Request them in writing and keep your own screenshots too.

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. Malaysian Medical Council, Guideline on Telemedicine (endorsed 23 January 2024)
2. Ministry of Health: Telemedicine Act 1997 (Act 564) listing – "yet to be enforced"
3. Malaysian Medical Council, Code of Professional Conduct 2019
4. Medical Act 1971 (Act 50), Malaysian Medical Council copy
5. Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors [2017] 5 MLJ 438 (Federal Court) (reported judgment)

Fact-checked on 17 Oct 2026