Doctor Granted Judicial Review in Neurosurgery Specialist Registration Dispute

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KUALA LUMPUR: A High Court in Kuala Lumpur has granted a doctor permission to initiate judicial review proceedings against the Malaysian Medical Council (MMC) and the Registrar of Medical Practitioners. This follows their refusal to register him as a neurosurgery specialist in October last year.

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

When reached for comment, Lu’s solicitors, Messrs Wilson Lim, informed FMT: “We will serve the cause papers on the respondents before the case’s merits are heard.” The matter is scheduled for case management on April 16.

In his affidavit supporting the application, Lu argued that the MMC’s ruling, which cited his lack of a recognized postgraduate qualification for registration under the Medical Act 1971, was unduly harsh and lacked justifiable reasons. He described the MMC’s rejection of his application as illegal, irrational, unreasonable, procedurally improper, and disproportionate.

Lu is seeking a declaration that the decision is invalid, void, and of no effect, as well as a certiorari order to quash it. He also seeks a mandamus order compelling the 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 his application, Lu detailed his professional experience, including three years at Kuching Hospital, Sarawak, from 2008, and membership in the Royal College of Surgeons in Ireland. He also served at the Prince of Wales Hospital in Hong Kong and the National University Hospital, Singapore, between 2011 and 2016. Additionally, Lu worked at Singapore’s Khoo Teck Puat Hospital as a neurosurgery senior staff physician from 2016 to 2019, and he currently practices in Hong Kong.

Lu’s application further asserts that he has received acknowledgment and recognition from his supervising consultants and the deep appreciation of patients who have received treatment from him in Malaysia, Singapore, and Hong Kong.