MEDICAL NEGLIGENCE

Medical Negligence in Malaysia

Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm or injury to the patient. In Malaysia, medical negligence cases are regulated by the Medical Act 1971 and the Civil Law Act 1956.

What forms Medical Negligence can take?

Medical negligence can take many forms, and it can be challenging to determine whether a healthcare professional has acted negligently. However, some examples of medical negligence in Malaysia may include:

Misdiagnosis or delayed diagnosis: If a healthcare professional fails to diagnose a medical condition or misdiagnoses it, this may result in delayed treatment or inappropriate treatment, leading to harm or injury to the patient.

Surgical errors: If a surgeon makes a mistake during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient’s body, or causing nerve damage, this may be considered medical negligence.

Medication errors: If a healthcare professional prescribes the wrong medication, the wrong dosage, or fails to monitor the patient’s response to the medication, this may cause harm or injury to the patient.

Birth injuries: If a healthcare professional fails to provide appropriate care during childbirth, leading to injuries to the mother or the baby, this may be considered medical negligence.

Failure to obtain informed consent: If a healthcare professional fails to inform the patient of the risks and benefits of a medical procedure and obtains their consent before proceeding, this may be considered medical negligence.

Example of Medical Negligence

Here is an example of medical negligence in Malaysia:

A patient visits a private clinic complaining of persistent back pain. The doctor on duty conducts a brief examination and prescribes painkillers, advising the patient to rest and return if the pain does not improve. The patient returns a week later with even more severe back pain and difficulty walking, and it is discovered that the patient has a herniated disc that requires urgent surgery. The delay in diagnosis and appropriate treatment has caused the patient to suffer significant damage to their spine, resulting in permanent disability.

In this scenario, the doctor may have acted negligently by failing to conduct appropriate tests to diagnose the patient’s condition and by prescribing painkillers without further evaluation. By failing to provide appropriate care, the doctor breached their duty of care, causing harm and injury to the patient. As a result of the medical negligence, the patient may suffer from physical pain and suffering, emotional distress, and may require long-term medical treatment and rehabilitation.

It is important to note that this is a hypothetical example, and each case of medical negligence is unique and requires a thorough evaluation of the specific circumstances of the case.

How to prove medical negligenceTop of Form

To prove medical negligence in Malaysia, the following elements must be established:

Duty of care: The healthcare professional had a duty of care towards the patient.

Breach of duty: The healthcare professional breached their duty of care by providing substandard treatment or care.

Causation: The breach of duty caused harm or injury to the patient.

Damages: The patient suffered damages or losses as a result of the harm or injury.

In Malaysia, medical negligence cases are usually heard in the civil court system. Patients who have been harmed due to medical negligence can file a lawsuit against the healthcare professional or institution responsible. The court may award compensation to the patient for their losses, which can include medical expenses, loss of income, and pain and suffering.

Relief for medical negligence

It is important to note that medical negligence cases in Malaysia can be complex and challenging to prove. Victims of medical negligence in Malaysia may be able to claim compensation for the damages and losses they have suffered as a result of the negligence. The types of compensation that can be claimed may include:

Medical expenses: This includes the cost of medical treatment, hospitalization, medication, and other related expenses.

Loss of income: Victims may be able to claim for the income they have lost due to being unable to work as a result of the medical negligence.

Pain and suffering: Victims may be able to claim for physical and emotional pain and suffering caused by the medical negligence.

Loss of enjoyment of life: Victims may be able to claim for the loss of enjoyment of life caused by the medical negligence.

Disability and disfigurement: Victims who have suffered permanent disability or disfigurement as a result of the medical negligence may be able to claim for these losses.

The amount of compensation that can be claimed will depend on the specific circumstances of the case, including the severity of the harm suffered and the financial losses incurred. It is important to seek legal advice from experienced medical negligence lawyers to determine the appropriate compensation to claim

For Medical Negligence case please contact Lawyer Khoo at 016-557 4789