Medical Negligence In Malaysia Cases And Commentary

Medical negligence in malaysia cases and commentary.

Medical negligence in malaysia cases and commentary. The development of medical negligence law in malaysia 196œs 2009 introduction. Since it was introduced in 1957 the bolam principle has been routinely applied to medical negligence cases in determining whether the doctor s acts fell below the required standard of care. The law of tort is compensatory in nature. However in its original context the principle has been criticised as being over protective of the medical profession and allowing the standard of care of doctors to be a matter of medical judgment.

Sweet maxwell asia petaling jaya selangor. 3 3 effect of a medical negligence claim on the defendant doctor. 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the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable. 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the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable.

Jahn kassim puteri nemie 2009 medical negligence in malaysia. Medical negligence case requires an average of about a minimum period of 15 to 20 years from date of injury to the conclusion of the case. The federal court the apex court in malaysia on 29 12 06 in its judgment in the case of foo fio na v dr. In the year 1999 the total number of cases recorded was 31 and the amount of compensation paid for that year was rm72 000.

The federal court in allowing the appeal and upholding. The federal court the apex court in malaysia on 29 12 06 in its judgment in the case of foo fio na v dr. Years the case took to conclude from the high court to the federal court was 24 years. In the year 1998 the attorney general chambers malaysia recorded a total number of 16 medical negligence cases and the amount of compensation paid for that year was rm23 288.

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. Medical negligence litigation in malaysia. If the injured patient files a. It can be seen that the entire litigation process for medical negligence case requires an average of about a minimum period of 15 years from date of injury to the conclusion of the case.