Court to hear MMC’s rejection of doctor’s neurosurgery credentials

Court to hear MMC’s rejection of doctor’s neurosurgery credentials

The High Court granted Dr Lu Yeow Yuen leave to review the Malaysian Medical Council’s decision after no objections were raised by the attorney-general.

Dr Lu Yeow Yuen wants the High Court to compel the Malaysian Medical Council to register him as a specialist in neurosurgery.
KUALA LUMPUR:
A High Court here has granted a doctor leave to commence judicial review proceedings against the Malaysian Medical Council (MMC) and the Registrar of Medical Practitioners over their refusal to register him as a neurosurgery specialist in October last year.

Dr Lu Yeow Yuen, 42, was granted leave by Justice Amarjeet Singh last week after the attorney-general did not object to the application.

When contacted, Lu’s solicitors, Messrs Wilson Lim, told FMT: “We will be serving the cause papers on the respondents before the merits of the case are heard.”

The matter is fixed for case management on April 16.

In his affidavit in support of the application, Lu said MMC’s ruling that he did not possess a recognised postgraduate qualification to allow for registration under the Medical Act 1971 was unduly harsh and without justifiable reasons.

He said MMC’s rejection of his application was illegal, irrational and unreasonable, procedurally improper, and disproportionate.

“The errors of law made in the decision warrant court intervention. It is in the interest of justice and balance of convenience to grant the orders of certiorari and mandamus,” he said.

Lu is seeking a declaration that the decision is invalid, void and of no effect and a certiorari order to quash it.

He also wants a mandamus order compelling MMC to accept his application for registration as a specialist in neurosurgery under Section 14B of the Medical Act 1971 and for his name to be entered into the National Specialist Register.

In the application, Lu said he had served at Kuching Hospital, Sarawak, for three years from 2008 and was admitted as a member of the Royal College of Surgeons in Ireland upon passing a membership examination.

He also served at the Prince of Wales Hospital in Hong Kong and the National University Hospital, Singapore, between 2011 and 2016.

Lu also served at Singapore’s Khoo Teck Puat Hospital, where he was employed as a neurosurgery senior staff physician between 2016 and 2019.

He is presently practising in Hong Kong.

His application also claims that he has garnered acknowledgement and recognition from his supervising consultants and the deep appreciation of patients who have received treatment from him in Malaysia, Singapore and Hong Kong.

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