COMPLAINT

Q1: What is the disciplinary jurisdiction of the Council?
 

Pursuant to section 29 of the Veterinary Surgeons Act 1974 (Act 147), the Council only has such jurisdiction over registered veterinary surgeons in Malaysia.
 

Q2: I have heard of ‘Code of Professional Conduct’, what are they?
 

Being statutory body, the Council self-regulates the veterinary surgeons’ profession in Malaysia. The Council makes rulings and regulations from time to time on various aspects of professional conduct in the light of the needs of society and changing professional norms.

The ‘Code of Professional Conduct’ is a guideline that spells out how practitioners should relate to their patients, their colleagues and the public.

The present ‘Code of Professional Conduct’ that is enforceable over all registered veterinary surgeons in Malaysia is called “Veterinary Surgeons (Guide To Professional Conduct and Ethics), 2015” or Directive 1/2015 which was made under section 8 of Act 147 and enforced since 1st. October 2015.
 

Q3: What to do if you are having problems with your veterinary surgeon?
 

Officially, the Council is ever willing to listen, assist and guide you on matters concerning registered veterinary surgeon in Malaysia. However, this dispute normally is a civil matter, it is always our hope and advice, before you decide to officially refer to us, you may wish to resolve the matter privately on your own or through a third party, as it may be possible to settle the dispute locally. If you still can’t resolve the matter and would like the Council to help, you can file a written Complaint and email to us (compalint@mvc.gov.my). Please refer to Complaint section in MVC website.

 

Q4: How to make a complaint against a doctor?
 

If you decide to make a formal complaint, please refer to Complaint section in our website. Your letter of complaint can be in Bahasa Malaysia or English. Alternatively, if you prefer, you can use the Complaint Form. As the onus of proving a case lies on who ever initiate it, the Council in its investigation and enquiry need to collect all supporting evidences like receipt, medical and post-mortem report, photograph, video recording, etc.  

 

Q5: Do I have to pay for any legal costs?
 

No, you don’t have to pay any legal cost. You may be required bear your own cost to attend preliminary investigation together with your witnesses (if any) and also attending enquiry in Disciplinary Proceedings. The Council will bear its own cost in conducting preliminary investigation and disciplinary proceedings.

 

Q6: Do I need a solicitor or a legal advisor to make a complaint?
 

You need not appoint a legal advisor to make a complaint. However, you are free to appoint a legal advisor to assist and advise you at your own expense.

 

Q7: Is there a time limit for making complaints?
 

No, there is no time limit when you can make a complaint. You can make a complaint even for an event which had occurred a long time ago. However, to be fair to you and the respondent (registered veterinary surgeon) and to ensure all evidences are not lost and acceptable by affected parties, it is best to let us know as soon as possible.

 

Q8: Can I complain to the Council and to another organization at the same time?
 

Yes, you can complain to us irrespective whether or not you have complained to another organization (including constituting a civil action). We may have to defer further action until the other organization has completed its due course, if it is deemed necessary.
 


Q9: How will your complaint be dealt with?

 

We take all complaints about registered veterinary surgeons / doctors very seriously. As investigation of any complaints may end up in serious disciplinary punishment according to Act 147, there are specified legal procedures, which we have to abide strictly. Please refer to Complaint section of our website for further details on the processes.

 

Q10: What happens if my complaint is referred to the Preliminary Investigation Committee?
 

If the President decides to sanction your complaint about a doctor’s conduct to the Preliminary Investigation Committee (PIC), the PIC will meet and review the complaint based:-

on the provisions of Act 147 and the “Code of Professional Conduct”; and

all the available documentary evidences received by the Council. 

After review, the Committee can do one of the followings:

Decide the case should be summarily dismissed;

Refer the case to other authorities; or

Inquire into the complaint. 

Before making any summary decision, PIC may require you to submit a statutory declaration.

 

Q11: What happens if the Council decides not to investigate into your complaint?

 

If we decide not to investigate into your complaint, it will be because the veterinary surgeon is not registered with us or your complaint falls under the dismissal criteria as prescribed where the Preliminary Investigation Committee may summarily dismiss any complaint or information it received, if it is satisfied that-

a. That the name and address of the complainant is unknown or untraceable;

b. That even if the facts were true, the facts do not constitute a disciplinary matter;

c. For reasons which must be recorded, that there is reason to doubt the truth of the complaint or information; or

d. the complainant has withdrawn the complaint in writing
 

Pursuant to section 29 of the Veterinary Surgeons Act 1974 [Act 147], the Council only has jurisdiction over registered veterinary doctors. 

If your complaint is not investigated, you will be notified in writing. The doctor will not be informed of the complaint.
 

Q12: What if the Preliminary Investigation Committee recommends an inquiry?
 

If the PIC recommends an inquiry, we will write to inform you and the respondent veterinary surgeons once the date has been fixed for hearing. We will give both parties plenty of notice. You need to present the compliance and be cross-examined by the respondent veterinary surgeon or the lawyer defending the veterinary surgeon.. 

Both the complainant and the respondent veterinary surgeon can appoint a legal counsel to assist them in the investigation at their own expense. 

The complainant is required to bring all the original evidences and witness/es for the hearing.

The respondent may call upon any witness/es to defend the complaint against him.

 

Q13: What happens if the Council decides to take action?
 

If the PIC decides the Council inquire further into your complaint, the Council will notify you and the respondent veterinary surgeon in writing once the hearing date is fixed.

Both the complainant and the respondent veterinary surgeon can appoint a legal counsel to assist them in the investigation at their own expense. 

The complainant is also required to bring all the original evidences for the hearing. He need not bring any witness/es. The respondent doctor, however, is advised to call upon any witness/es, he deems fit to defend his case.

 

Q14: How long will it take for the Council to consider my complaint?


We appreciate that making a complaint can be stressful, so we will try to consider your complaint as quickly as we can. The length of the investigation depends on the complexity and seriousness of each concern. 

If we decide to investigate into your complaint, we will take every effort to keep delays to a minimum and complete the investigation as quickly and efficiently as we can and will keep you informed of progress. We have to be fair to both parties.

 

Q15: What sort of action can the Council take if the doctor is found to be guilty?
 

The Council has a range of options available. For example, sometimes we may give the veterinary surgeon a public warning or reprimand. In more serious cases we can suspend the veterinary surgeon’s registration, preventing him from practicing veterinary medicine for a period of time that the Council thinks fit. A veterinary surgeon will be struck off the  Veterinary Surgeons Register in the most serious cases.

 

Q16: What if I am not happy with the way the Council has handled my complaint?
 

Whatever action we take, our first concern is to protect patients. We will keep you informed of any action we are taking and provide you with a clear explanation for our decisions.

As investigation of any complaints may end up in a legal action, there are specified legal procedures, which we have to abide strictly.

If you are not happy with the way we have handled your complaint, please discuss the problem with the person who handled your complaint. You may contact the Secretary, or even the President, if you are still unhappy.

 

Q17: Who will bear the Legal Costs?
 

As a complainant or a respondent veterinary surgeon, you may present/defend your case personally or instruct your own legal counsel. If you decide to appoint a legal counsel, you will pay your own legal expenses.

 

Q18: Can the veterinary surgeon appeal against the decision made by the Council?
 

Yes, the veterinary surgeon can only appeal to the High Court. If there is an appeal, you will not be asked to appear at the hearing. The High Court may affirm, reverse or vary the orders made by us. The decision of the High Court is final.

 

Q19: What to do if I need more information?
 

If you want to know more, or if you have a complaint against a veterinary surgeon, please contact us.