Surgeon wins battle against Pantai Hospital for unlawful dismissal

Surgeon wins battle against Pantai Hospital for unlawful dismissal

The High Court has ordered the hospital in Perak to tender an apology and pay RM55,000 in legal costs to an orthopaedic specialist.

An orthopaedic specialist sued Pantai Hospital in Manjung, Perak, after being dismissed in 2016. (Facebook pic)
KUALA LUMPUR:
After a five-year legal battle, the High Court here has declared as unlawful the dismissal of an orthopaedic specialist from Pantai Hospital in Perak in 2016.

Justice Ahmad Bache said there was no basis to the private hospital’s claim that many patients had made complaints against the specialist, and that he had failed to comply with the hospital’s code of ethics.

Ahmad ordered the hospital to write a letter of apology to the specialist within 14 days for wrongfully refusing to renew his clinical privileges and his subsequent dismissal.

He also ordered RM55,000 in costs and further damages to be paid to the specialist, with a sum to be assessed by the court.

The 58-year-old surgeon was let go by Pantai Hospital in Manjung, Perak in 2016, about 10 months short of his three-year contract.

About a month before his dismissal, the hospital decided not to renew his clinical privileges, which allow medical staff to carry out procedures. Its absence means a specialist or consultant cannot practise at the hospital.

An appeal to the hospital’s board was turned down without explanation, he alleged.

The hospital said in its statement of defence that his clinical privileges were not renewed because of complaints from patients and his failure to comply with its code of ethics.

The hospital also contended that its right to drop a doctor’s clinical privileges “cannot be questioned” and that it was not obliged to tell them why they were doing so.

The specialist denied the hospital’s claims, saying there had been no litigation nor claims made against him over his patient management in his 20 years as a surgeon.

He said he was the resident orthopaedic surgeon at Hospital Manjung for 11 years before accepting the job at Pantai in 2014.

He added that the hospital’s manner in terminating his contract meant that “almost no established private medical institution” would want to hire him despite his years of expertise.

Ruebankumar Asokan represented the specialist, while Pantai Hospital Manjung and its parent, Pantai Medical Centre Sdn Bhd, was represented by Sivabalah Nadarajah and Fazleeza Azli.

It is understood that Pantai Hospital will appeal against the verdict.

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