Medical Negligence Cases In Malaysia

In malaysia claim in medical negligence will arise when the act of the medical practitioner falls below the acceptable standard and a case can be filed in court for negligence by the victim s against the medical practitioner or hospital to seek for compensation.

Medical negligence cases in malaysia. Current trend and proposal for reforms by dr. Puteri nemie bt jahn kassim abandoning the bolam principle in doctor s duty to disclose risks in malaysia. This is the first book to be written on medical negligence case law in malaysia comprising cases from the 1960 s to the present. The law of tort is compensatory in nature.

Presently the tort system is used to regulate medical negligence litigation in malaysia. The heart of negligence is the element of fault. Generally this system provides for compensation only when a doctor or any other medical personnel assisting in the treatment of a patient is negligent. A 35 year old malaysian businessman named nur muhammad tajrid zahalan is charging that he was left permanently disabled in a kuala lumpur hospital in 2015 in what can only be described as a medical malpractice nightmare of negligence unnecessary surgery false expense charges and insurance claims and other misuses.

Soo fook mun anor 2007 1 mlj 593 declared inter alia that the bolam test which has been the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable. The federal court the apex court in malaysia on 29 12 06 in its judgment in the case of foo fio na v dr. 2014 the average number of medical negligence cases from 2007 2011 has risen by 46 8 comparing to 2002 2006 with average of 33 6 attorney general s chambers civil division bi annual report 2010. The common trend seems to be that the malaysian courts much more influenced by english decisions rather than the commonwealth ones.

In a review of medical malpractice issues in malaysia under tort litigation system by siti naaishah hambali solmaz khodapanahandeh global journal of health science. The federal court in allowing the appeal and upholding. Although some decisions show a departure from the straightforward application of the bolam principle decisions in medical negligence cases by the malaysian courts have been inconsistent. By margaret brazier medical law rev 2000 8 1 85 medical negligence litigations in malaysia.

Are we heading in the right direction. Soo fook mun anor 2007 1 mlj 593 declared inter alia that the bolam test which has been the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable. This has led to increasingly more medical negligence claims. Cases bolam v friern hosppital management committee.

It provides a useful compilation of local medical negligence decisions.