Medical Negligence In Malaysia Pdf

Duty of care and standard of care.

Medical negligence in malaysia pdf. 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. The tort of negligence protects various interests such as interests in physical integrity interest in. International islamic university malaysia medical negligence.

Anxiety arising from medical negligence. Court for protecting his health. Currently the tort system is being utilized to manage medical negligence in malaysia. This system provides compensation only.

Generally this system provides for compensation only when a doctor or any other medical personnel assisting in the treatment of a patient is negligent. Negligence is the most important area in modern tort law. Whether malaysia will extend the rogers v whitaker test to diagnosis and treatment or whether it will as australia has done following the naxakis case restrict the rogers v whitaker test by legislation to the giving of advice only is an important decision for the future of healthcare in malaysia. Medical negligence is being committed in malaysia from the beginning like other countries.

It covers nearly half of any textbook. Presently the tort system is used to regulate medical negligence litigation in malaysia. Thu s provisions such as section 1 1 4 of the eng lish limitation act 1980 or. The malaysia limitation act 1953 the problems caused by latent injuries or by medical negligence cannot be solved.