I was injured by a traditional or complementary medicine practitioner in Malaysia. What can I do?

Many Malaysians use traditional and complementary medicine (T&CM) such as acupuncture, cupping, traditional massage, chiropractic, homeopathy, or traditional Malay, Chinese and Indian medicine. Most treatment is uneventful. Injuries do happen: burns from moxibustion or cupping, needle injuries, nerve or spinal injuries after manipulation, or harm from delaying conventional treatment.

How is T&CM regulated?

• The Traditional and Complementary Medicine Act 2016 (Act 775) provides for the T&CM Council and for registration of practitioners in recognised practice areas.
• According to the Ministry of Health's T&CM Division, the transitional period for registration ended on 28 February 2025 and full enforcement began on 1 March 2025. Practitioners in recognised practice areas are expected to hold a valid registration certificate and practising certificate.
• Section 2 of Act 775 provides that the Private Healthcare Facilities and Services Act 1998 does not apply to T&CM practice, so T&CM premises are regulated differently from clinics and hospitals.
• Registered practitioners are expected to follow the Council's Code of Professional Conduct.

What duty does a practitioner owe?

Anyone who undertakes to treat you owes a duty to take reasonable care. For a T&CM practitioner this may include:

• asking about your medical history and medicines;
• explaining risks and getting your consent. See informed consent;
• using proper technique, sterile needles and safe equipment;
• stopping and referring you to a doctor when symptoms suggest a medical problem;
• not advising you to stop prescribed medical treatment without good reason.

The standard is generally judged against a reasonably competent practitioner in that discipline, though expert evidence will be needed.

What should I do first?

1. Get medical treatment and ask the doctor to record the injury and its likely cause.
2. Photograph burns, bruises or wounds over time.
3. Keep receipts, appointment messages and any product given to you.
4. Write down what treatment was done, by whom and what was said.
5. Check registration: ask for the practitioner's registration details and check with the Ministry of Health's T&CM Division.

Have a question about your own situation? Ask on WhatsApp

Can I complain or claim?

• Complaint: concerns about a registered practitioner's conduct can be raised with the T&CM Council through the Ministry of Health's T&CM Division. Practising in a recognised area without registration may be reported to the Ministry.
• Civil claim: you may claim damages for negligence, and possibly breach of contract, against the practitioner and, where relevant, the business that employs them.

You will usually need medical evidence that the treatment caused the injury and expert evidence on the proper standard of practice.

Examples

• A patient suffers a deep burn from heated cups. The issues are technique, warnings and aftercare.
• A patient with worsening chest pain is told to continue herbal treatment and not see a doctor. The issue is whether the practitioner should have recognised warning signs and referred.

Common mistakes

• Not seeing a doctor promptly.
• Not photographing burns or wounds as they heal.
• Assuming that because a practitioner is unregistered, nothing can be done.
• Posting accusations online before the facts are clear.

When to speak to a lawyer

If you suffered a serious burn, nerve or spinal injury, or a delayed diagnosis after relying on a practitioner. You can contact us; every case depends on its facts.

Frequently asked questions

Is a T&CM practitioner held to the same standard as a doctor?

Generally they are judged against a reasonably competent practitioner in their own discipline, but anyone who holds themselves out as able to treat must take reasonable care.

The practitioner is not registered. Can I still sue?

Yes. A negligence claim does not depend on registration.

I signed a waiver form. Can I still claim?

Possibly. A waiver does not automatically exclude liability for negligence causing personal injury; it depends on the wording and the circumstances.

Can I report someone practising without registration?

Yes, to the Ministry of Health's T&CM Division.

What if a doctor also practises acupuncture?

Doctors remain subject to the Medical Act 1971 and the Malaysian Medical Council's code of conduct.

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. Traditional and Complementary Medicine Act 2016 (Act 775), AGC Laws of Malaysia
2. Ministry of Health, T&CM Division: transitional period ended 28 February 2025; full enforcement of Act 775 from 1 March 2025
3. Ministry of Health, T&CM Division: FAQs on Phase 3 enforcement of the T&CM Act 2016
4. Private Healthcare Facilities and Services Act 1998 (Act 586), Ministry of Health copy

Fact-checked on 17 Oct 2026