(14) dlm MPM 14201 (S)

28th October 2010

Y. Bhg. Tan Sri Dato’ Seri Dr. Haji Mohd. Ismail Merican
Yang Di Pertua
Majlis Perubatan Malaysia
Kementerian Kesihatan Malaysia
PUTRAJAYA

Y. Bhg. Tan Sri,

RECORD FROM PRELIMINARY INVESTIGATION COMMITTEE IV TO

MALAYSIAN MEDICAL COUNCIL

• DR. NOR YATIMAH BT MOIN

FULL REGISTRATION NO. 31668 DATED 17/07/1994
APC NO. 3316/2010
MPM 14201 (S) – JPP 69/2009

I wish to refer to the above matter respectfully.

Herewith I submit the Preliminary Investigation Committee IV’s record in respect of a

complaint by Madam Zanariah bt. Md Nawi against Dr Nor Yatimah Bt. Moin with our
recommendation that there shall be an inquiry by the Council as per Regulation 29(7)(b) of
the Medical Regulations 1974, enacted under the Medical Act 1971 for the attention of the
Malaysian Medical Council.

Thank you.

Yours sincerely

PROF. DR. VICTOR LIM KOK EOW

Chairman
Preliminary Investigation Committee IV
Record From Preliminary Investigations Committee IV to Malaysian Medical Council

1. Date of Complaint : 5th February 2009

2. Date Complaint Received by the PIC IV : 18th August 2009

3. Particulars of Complainant

3.1 Name : Madam Zanariah bt. Md Nawi

3.2 Address : 83-02-02

Taman Sri Sentosa
Batu 6 Jalan Klang Lama
58000 Kuala Lumpur

4. Particulars of Respondent Practitioner

4.1 Name : Dr. Nor Yatimah Bt. Moin

4.2 Address : Assunta Hospital

Jalan Templer
46990 Petaling Jaya
Selangor

4.3 APC No. : 3316/2010

4.4 MPM No. : 14201 (S) – JPP 69/2009

5. The Complaint

As attached in the Appendix A

6. Outcome

6.1 Chronology of Events

27/8/2009 – The Committee discussed a complaint letter from Madam Zanariah

Binti Md Nawi dated 5/2/2007 which was forwarded by Datuk Michael
Chong from Malaysian Chinese Association (MCA) on 10/7/2009
against the above practitioners for an unsatisfactory treatment towards
her baby.

After deliberation, the Committee agreed to write to the complainant to

submit a Statutory Declaration.

8/10/2009 – The Committee discussed a Statutory Declaration from complainant

dated 25th September 2009.

After deliberation, the Committee agreed to fix the hearing date.

(Extracts of minutes, please refer to Appendix B)
19/11/2009 – 1st Hearing

i) The complainant came with her witnesses, Mr. Zamzuri Bin Tukemin, her
husband and Mr. Md. Nawi Bin Yaacob, her father. Mr. Md. Nawi Bin
Yaacob who has no direct knowledge of what happened was not called.

ii) The respondent came with her Counsels, Mr. Muralee Nair, Ms. Nurulhuda
Mansor and Ms. Yamuna. Mr. Muralee Nair conducted and completed the
cross examination of the complainant and the witness on his client’s behalf.

After taking into consideration of all the statements, documents and

clarifications by the relevant parties, the Committee unanimously agreed that
there are sufficient grounds to support the allegation under Regulation 29(4)
(b) and the Legal Advisor is to frame the charge accordingly.

Record of Proceedings 26C/2010 (Appendix C)

25/8/2010 – Call letter was sent to the complainant and respondent for inquiry on
14/10/2010. (Appendix D)

14/10/2010 – 2nd Hearing

i) The complainant was present without counsel.

ii) The respondent came with her counsels and submitted her written statement
of defence.

After taking into consideration all the statements, documents and clarifications
from relevant parties, the Committee unanimously agreed that there are;

a) sufficient grounds to support charges 1,3 and 4 under Regulation

29(7)(b) and that there shall be an inquiry by the Council.
b) not sufficient ground to support charge 2 under Regulation 29(7)(a).

Record of Proceedings 22C/2010 (Appendix E)

6.2 Final Outcome

After deliberation on 14/10/2010, the Committee decided that there shall be an

inquiry by the Council as per Regulation 29(7)(b) of the Medical Regulations
1974, enacted under the Medical Act 1971.

Grounds as follows:

Sufficient grounds to support charges 1,3 and 4 under Regulation 29(7)(b)

Charges 1 and 4
1. The respondent has not given a conscientious assessment of the
history, symptoms and signs of the patient’s condition.
- The respondent did not given conscientious assessment of the history
in disregarding what the mother told her in terms of the baby’s
behavior;
 i) being not active
ii) having difficulty in breathing and
iii)crying a lot
- The respondent has not given a conscientious assessment of the
symptoms and signs of the patient’s condition by probably giving too
much weight to the nurses TRIAGE and allowed the classification of
the TRIAGE influence her own assessment.
2. No thorough physical examination was conducted to.
3. The respondent admitted that the total duration Dr. Nor
Yatimah encountered with the infant was about 3 to 4 minutes.

Charge 3
1. The Committee disagreed with respondent’s statement that the
infant had to present with high fever, flu like symptoms and
conjunctivitis in order to make the diagnosis of pneumonia.
2. The respondent should have done a more thorough physical
examination and ordered a chest X-Ray in view of the fact that the
infant has come back for a second visit.

Not sufficient grounds to support charge 2 under Regulation 29(7)(a)

- The respondent did do a physical examination on the infant although it was
felt that the examination was not adequate.

7. Conclusion

This case is presented to the Malaysian Medical Council for further action.

PROF. DR. VICTOR LIM KOK EOW

Chairman
Preliminary Investigation Committee IV
Malaysian Medical Council
Kuala Lumpur