Until now, I have remained silent on this issue, as my liberal and passionate views of social justice may not be acceptable to many who feel that we should be cautious in accommodating the powers that be.
As a concerned doctor, I too wish that more can be done and perhaps even more can be said. I respect the stance that the MMA should be cautious and circumspect in heavily-tinged political affairs.At the same time however, I do believe that we have to allow for differences in approach which ultimately must be consonant with the current leadership's style and position of any society, as well as respecting the demands and aspirations of our medical membership.
So it is imperative that the MMA President and his elected Council members should be comfortable, as he would be the spokesperson and quotable person when all else matters--the buck stops with him, so to speak.
Thus, the medical profession is indeed in some quandary as to how to address this issue, in as fair a manner as possible.
My personal view on this is that we have to be objective yet firm in affirming fairness and justice to all parties concerned, notwithstanding our earnest misgivings and personal bias.
Being a medical practitioner for nearly 30 years, and now as an elected member of the Malaysian Medical Council (MMC) I would like to suggest the following (as a personal opinion):
1. Medical reports are confidential and private, and breaching this is a serious infringement of our Code of Ethics for all medical doctors without exception.However, with regards Dr Osman Hamid's purported leaked report, we have to establish that this leaking of the report is indeed perpetrated by the doctor himself or his agents, or the hospital. This can only be ascertained after a full and comprehensive inquiry--we should not jump the gun and accuse him or the hospital of any wrong-doing until then.
Under the current climate of accusations and counter-accusations (disclosures and counter-declarations), isn't it possible or more likely, that this is the work of another unknown person, sympathetic to whoever he/she has felt duty-bound enough to be a whistle-blower? (Whatever the motives, unfortunately, this act is still wrong from an ethical and legal viewpoint).
2. Whatever the circumstances however, the onus is on the doctor and the hospital authorities to be responsible for ensuring that every medical report or record be securely protected of its privacy and confidentiality.
They must take all possible measures to safeguard such information, especially when high-profile personalities are involved--there should be no compromise on this duty and legal requirement.
Health care workers including ancillary and support clerical staff must understand that they cannot simply access and distribute any medical record as he or she chooses--they must remember and abide by the consequences and the rules.
We cannot have just any Tom, Dick and Harry gain access to whatever medical or health records at their whim and fancy. Aside from the prying gossipy intentions, other more serious motives include blackmail or other illicit ill-intent which can result from such unwitting exposure and unsanctioned disclosure. Those who violate such a law, should be answerable to the law.
3. However, many doctors are alarmed to hear that alleged pressure has been brought to bear on medical professionals to coerce them into modifying and/or to altering medical reports, to the dictates of certain personalities, authorities or even the police.
4. Our medical professionalism demands that we treat every medical examination seriously. Doctors have to treat each patient singularly as unique individuals who can expect no lesser respect, attention and empathetic care, regardless of whoever he or she is, without any bias or fraternal considerations.We wish to reiterate that any medical record/report is a professional and legal document, which should always be truthfully and accurately certified. Such a prescribed duty should broach no untoward coercion by anyone, to persuade them to do otherwise.
5. If any such coercion or illegal attempts have been made to subvert and/or obstruct such duties, then the medical professional involved must inform the relevant authorities such as the MMA, the MMC, and even lodge a police report to protect his professional duty and self. He or she should also seek legal advice either through his/her medical protection/defense society, or other independent legal or judicial means.
Seeking recourse through political parties is a double-edged sword which can sometimes undermine the objectivity of the complaint. Unfortunately, making police reports or statutory declarations are now also fraught with disquieting uncertainty and chary dubiety; especially under the highly-politicised climate that we are in today.
Many are genuinely wary of the police and their perceived lack of total transparency and trustworthiness. As one of the highest social institutions of the country, this is a terribly desperate state of affairs. As one of the rakyat, it saddens me to be leery of the police, and we all wish that this were not the case.
Clearly, not all police personnel should be lumped together as untrustworthy, and I daresay that most are genuinely sincere and incorruptible professionals. I would like to place on record that I've had some very professional interactions with the police on many occasions, in the past.
Alas, the prevailing perception toward the police and our battered institutions, is for many, quite unfavorable to say to least. A Merdeka Centre survey recently highlights the rakyat's severe concerns: Many worried country going downhill. Only some 30% of those polled are confident in the institutions to handle these recent issues fairly. "Disappearances" after having made some controversial reports, are now worrying even the bravest armchair critic or blogger, can an individual's safety be assured? Latterly, even the dissenting doctor in question has taken "extended leave", whose motives are understandable, under the circumstances. We all hope that he is safe and not in any harm's way.
6. Our medical fraternity must reaffirm a strong united stand, and we wish to reassure all medical doctors that collectively we will stand by and support any medical professional member who should be threatened or pressured in anyway by whichever party.
7. We wish to state that we are not taking sides in this controversy, but we wish to put on record that social justice and fairness must always be maintained especially in political or even criminal proceedings or contentions.
8. Doctors have an unbending ethical code to conform with, and honesty and accuracy in medical recording and reporting must be at the forefront of such professional practices, without fear or favour--the judgement and sanctity of our moral underpinnings are not and should never be for sale!
We urge all doctors to be true to their profession and their Hippocratic oath and training. We urge the authorities, police and political parties to refrain from using or coercing doctors to serve as tools to further their devious means and ends.
Let's keep that one last-respected bastion of public institutions safe and free, from falling under the oppressive crumbling weight of despair and failure of almost all others!
A slightly shortened version appears in malaysiakini's as Ethics, medical confidentiality vs political pressures
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