Medical Negligence Lawyers in Malaysia
Our medical negligence lawyers act for patients and bereaved families in Malaysia in claims against doctors, private hospitals and government hospitals, from obtaining medical records and independent medical opinion to settlement, trial and appeal.
- Private and government hospitals
- Patients and bereaved families
- Records and medical opinion
- Online consultations
How We Can Help
- Surgical, diagnostic and treatment error claims
- Birth injury and maternity care claims
- Failure to warn of material risks
- Claims against private and government hospitals
- Fatal cases and claims by dependants
- Medical records requests and MMC complaints
Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
6 Years
Negligence time limit in Peninsular Malaysia, Limitation Act 1953
6 Weeks
MMC guideline time frame for a medical report
Records First
We review your medical records before advising
What must you prove in a medical negligence claim in Malaysia?
A patient must prove, on a balance of probabilities, that the doctor or hospital owed a duty of care, fell below the required standard, and that this caused the injury. A poor outcome alone is not negligence, because treatment carries risks even when care is proper.
For diagnosis and treatment, courts apply the Bolam test as qualified by Bolitho: a doctor is not negligent if he or she followed a practice accepted as proper by a responsible body of medical opinion, but the court can reject an opinion that does not withstand logical analysis. The Federal Court confirmed this on 25 July 2017 in Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors [2017] 5 MLJ 438, a claim over a baby’s brain injury at birth. The family’s appeal failed because they had not proved the mother was in labour at a point calling for an earlier caesarean section.
Causation is often the hardest issue: the breach, not the underlying illness, must have caused the harm. Both issues usually need independent medical opinion. Under s 45 of the Evidence Act 1950 (Act 56), opinions of persons specially skilled in a science are relevant, and under Order 40A of the Rules of Court 2012 a witness giving such opinion owes an overriding duty to the court.
Informed consent: what must a doctor tell you about risks?
A doctor must warn a patient of the material risks of proposed treatment. This duty is judged by a different test from diagnosis and treatment.
In Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 MLJ 593, the patient was left paralysed after spinal surgery for injuries from a road accident. The Federal Court held that the Bolam test has no relevance to a doctor’s duty to advise of risks, adopted the Australian test in Rogers v Whitaker, and allowed the patient’s appeal, upholding the High Court’s orders on damages. Under that test, a risk is material if a reasonable person in the patient’s position, if warned of it, would be likely to attach significance to it. It is for the court, not the medical profession, to decide what should have been disclosed.
In Zulhasnimar (2017), the Federal Court confirmed that this test is confined to the duty to advise of risks, subject to a limited therapeutic privilege, and Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor [2018] 3 MLJ 281 followed the same approach.
A signed consent form is important evidence, but the real question is what you were told, by whom and when. Write down your recollection of the consent discussion as soon as you can.
Can you claim against a private hospital or a government hospital?
Yes, but who you can sue depends on where you were treated and by whom.
- A private hospital is liable for negligence by its own employees, such as nurses and resident medical officers. Consultants are often independent contractors, so the hospital’s liability for them depends on whether it owed the patient a non-delegable duty of care.
- In Dr Kok Choong Seng & Anor v Soo Cheng Lin [2018] 1 MLJ 685, the Federal Court held that this depends on the facts: the hospital was not liable where the patient first consulted the surgeon at his own clinic and the hospital only provided facilities.
- In Siow Ching Yee v Columbia Asia Sdn Bhd [2024] 3 MLJ 66, decided on 23 February 2024, a four to one majority of the Federal Court held a private hospital liable for an independent anaesthetist’s negligence towards a patient admitted through its emergency department, relying on the Private Healthcare Facilities and Services Act 1998 and its regulations.
- Doctors in government hospitals are generally public servants. Claims are usually brought against the Government of Malaysia and the doctors concerned under the Government Proceedings Act 1956, and the shorter time limit in the Public Authorities Protection Act 1948 applies.
Naming the right defendants early matters, because adding a party later can run into time limits.
What is the time limit for a medical negligence claim in Malaysia?
In Peninsular Malaysia, a claim in negligence or contract must generally be filed within six years from the date the cause of action accrued, under s 6(1)(a) of the Limitation Act 1953 (Act 254). That Act applies to Peninsular Malaysia only, so claims in Sabah and Sarawak follow their own limitation laws.
- Claims against public authorities and public officers, including government hospitals and their doctors, must generally be commenced within 36 months under s 2(a) of the Public Authorities Protection Act 1948 (Act 198).
- Where the patient is a child or otherwise under a legal disability, s 24 of the Limitation Act 1953 can extend the time.
- Where the right of action was concealed by fraud, s 29 postpones the start of time until the fraud is discovered.
- Where a patient has died, claims by the estate and by dependants under the Civil Law Act 1956 (Act 67) have their own rules and time limits.
Working out when time started can be technical, so take advice early. Do not wait for a hospital’s internal review, an insurer’s reply or an MMC complaint to finish, because records and medical opinions take time to obtain and a claim filed out of time can fail however strong its merits.
What compensation is available, and how does an MMC complaint differ?
A civil claim in court, or a settlement of one, is the route to compensation. Depending on the evidence, a court may award:
- general damages for pain, suffering and loss of amenities;
- special damages for expenses already incurred, such as further treatment, medicines and travel;
- the cost of future care, therapy, equipment and home adaptations;
- loss of future earnings, assessed under the rules in s 28A of the Civil Law Act 1956;
- aggravated damages in suitable cases, which the Federal Court accepted as a separate head in medical negligence in Dr Hari Krishnan (2018);
- dependency and bereavement claims for the family where the patient has died.
A complaint to the Malaysian Medical Council serves a different purpose. The MMC has disciplinary jurisdiction over registered medical practitioners under the Medical Act 1971 (Act 50), and under s 30 it may reprimand a doctor, impose conditions, suspend or strike the doctor off the register, and impose a fine. These sanctions discipline the doctor; they do not compensate the patient. The MMC complaint form asks for a detailed account, certified true copies of documents and the patient’s consent to release medical records, and the complainant must attend inquiries. A complaint and a civil claim can run side by side.
How NZSK handles medical negligence claims
These matters usually follow a serious injury or a death in the family, so we handle them with care and in clear steps. Each step builds the evidence the claim will need.
- A consultation, online or in person, where we listen to what happened and identify the documents needed.
- Requesting the complete medical records and a medical report. The MMC guideline on medical records says practitioners should release records or certified true copies when the patient asks, and sets a time frame of six weeks for a medical report, for which a reasonable fee may be charged.
- Reviewing the records and, where the case warrants it, obtaining an independent medical opinion on breach and causation.
- A letter of demand and negotiation, including mediation where suitable.
- If needed, proceedings in the court with jurisdiction over the amount claimed (the Sessions Court hears claims up to RM1 million and larger claims go to the High Court), then trial and any appeal.
Before the consultation, gather what you have: bills and receipts, appointment cards, discharge summaries, prescriptions, photographs, correspondence with the hospital, and a dated timeline written while memories are fresh. Do not sign a settlement or waiver before taking advice.
Frequently Asked Questions
In Peninsular Malaysia, a medical negligence claim must generally be filed within six years from the date the cause of action accrued, under s 6(1)(a) of the Limitation Act 1953. Claims against a government hospital or other public authority must generally be commenced within 36 months under the Public Authorities Protection Act 1948. Special rules can apply to children and where facts were concealed by fraud. Working out when time started can be technical, so take advice early.
Yes. A patient harmed by negligent treatment in a government hospital in Malaysia can bring a civil claim, usually against the Government of Malaysia together with the doctors involved, under the Government Proceedings Act 1956. These claims must generally be commenced within 36 months under the Public Authorities Protection Act 1948, which is shorter than the usual six years. The patient must still prove a breach of the standard of care and that it caused the injury.
It depends on the facts. A private hospital in Malaysia is liable for its own employees, but many consultants are independent contractors. In Dr Kok Choong Seng v Soo Cheng Lin (2018), the Federal Court held that the question is fact-sensitive. In Siow Ching Yee v Columbia Asia (2024), the Federal Court held a private hospital liable, under a non-delegable duty, for an independent anaesthetist's negligence towards a patient admitted through its emergency department.
In Malaysia, make a written request to the hospital or clinic for the complete medical records and a medical report. The Malaysian Medical Council's guideline on medical records says practitioners should release the records, or certified true copies, when the patient asks, and sets a time frame of six weeks for a medical report, for which a reasonable fee may be charged. Refusal or undue delay can be raised with the MMC, and civil action is possible if access is still refused.
A medical negligence claim in Malaysia takes time because complete records and an independent medical opinion are needed before the claim is filed, followed by case management, any mediation, trial and appeals. Claims that settle after a letter of demand or at mediation finish sooner. Contested claims with competing medical evidence and an appeal can take years. We give a realistic timeline once we have reviewed the records.
Compensation in a Malaysian medical negligence claim can include general damages for pain, suffering and loss of amenities, special damages for expenses already incurred, the cost of future care and equipment, and loss of earnings under the Civil Law Act 1956. The Federal Court has accepted aggravated damages as a separate head in suitable medical negligence cases. Where a patient dies, the estate and dependants may have claims. The amount depends on the evidence of loss.
In Malaysia, the two routes serve different purposes. A complaint to the Malaysian Medical Council can lead to disciplinary action against a doctor under the Medical Act 1971, such as a reprimand, conditions, suspension, striking off or a fine, but it does not compensate the patient. Compensation comes through a civil claim or a negotiated settlement. You can pursue both, but the civil claim has its own time limit, so do not let an MMC complaint delay legal advice.
The cost of a medical negligence claim in Malaysia depends on the volume of medical records, how many areas of medicine are involved, the fees for independent medical opinions, whether the claim settles or goes to trial, and the length of the trial. Fees for medical opinions are often a significant item. NZSK gives a fee quotation after the consultation, once we have reviewed the records and understood the injury and the losses.
Concerned that medical treatment went wrong?
Every medical negligence claim turns on the records, so we do not advise on a description alone. Book a consultation, online or in person at our Puchong or Mont Kiara office, and we will advise you once we have reviewed your documents and medical records.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
