Medical Negligence Cases In Malaysia
How serious of medical negligence in malaysia.
Medical negligence cases in malaysia. The heart of negligence is the element of fault. Cases bolam v friern hosppital management committee. The law of tort is compensatory in nature. Situation is made worse with regards to medical negligence claims as these cases take a long time to try.
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. Generally this system provides for compensation only when a doctor or any other medical personnel assisting in the treatment of a patient is negligent. The federal court in allowing the appeal and upholding. 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the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable.
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. It provides a useful compilation of local medical negligence decisions. Puteri nemie bt jahn kassim abandoning the bolam principle in doctor s duty to disclose risks in malaysia. It is hoped that malaysia will offer mediation as either a separate dispute resolution method for medical negligence cases or mediation to be offered under the current court annexed system with a.
By margaret brazier medical law rev 2000 8 1 85 medical negligence litigations in malaysia. This has led to increasingly more medical negligence claims. Current trend and proposal for reforms by dr. 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the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable.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. Are we heading in the right direction. Presently the tort system is used to regulate medical negligence litigation in malaysia. Puteri nemie bt jahn kassim c.
The federal court the apex court in malaysia on 29 12 06 in its judgment in the case of foo fio na v dr.