Medical Negligence In Malaysia Cases And Commentary
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.
Medical negligence in malaysia cases and commentary. 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. 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. If the injured patient files a.
The law of tort is compensatory in nature. 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. 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. In the year 1999 the total number of cases recorded was 31 and the amount of compensation paid for that year was rm72 000. Jahn kassim puteri nemie 2009 medical negligence in malaysia.
Medical negligence in malaysia cases and commentary puteri nemie jahn kassim sweet maxwell asia. 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.
Effect of a medical negligence claim on the defendant doctor doctors not only fear of losing a lawsuit but the lawsuit itself. The federal court in allowing the appeal and upholding. Years the case took to conclude from the high court to the federal court was 24 years.
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the basis in determining the standard of care in medical negligence cases in malaysia since her independence in 1957 is no longer applicable. 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. The federal court the apex court in malaysia on 29 12 06 in its judgment in the case of foo fio na v 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 development of medical negligence law in malaysia 196œs 2009 introduction.
