Medical Negligence Time Limit in Malaysia: How Long Do You Have?

What are the time limits for medical negligence claims in Malaysia?

The time limit depends on who treated you, where, and whether the patient has died. The main periods are set out below, and each is explained in the sections that follow.

These are general rules, and exceptions can shorten or extend them. A claim filed even one day late can fail, however strong its merits, so treat the earliest possible date as your deadline.

How does the six-year limit work for private hospitals and doctors?

In Peninsular Malaysia, a claim against a private hospital, clinic or doctor must generally be filed within six years from the date the cause of action accrued, under section 6(1)(a) of the Limitation Act 1953 (Act 254), which covers actions founded on contract or tort. The Act applies to Peninsular Malaysia only.

In a medical negligence claim, time usually runs from the negligent treatment or the date the injury was suffered. It does not wait until you discover that the treatment may have been negligent.

The Limitation (Amendment) Act 2018 (Act A1566), in force since 1 September 2019, added section 6A, which allows three years from the date of knowledge, subject to a 15-year longstop. It applies only to negligence claims not involving personal injury, so it does not help most medical negligence claims.

Two exceptions may matter. Under section 29, where the claim is based on fraud, or the right of action was concealed by fraud, time does not start until the fraud was discovered or could with reasonable diligence have been discovered. Under section 24, time is extended for children and persons of unsound mind, as explained below. Do not rely on either without advice.

Why is the time limit shorter for government hospitals?

Because a separate statute protects public authorities. Under section 2(a) of the Public Authorities Protection Act 1948 (Act 198), a claim for an act done in the execution of a public duty, or for neglect or default in carrying it out, must be commenced within 36 months after the act, neglect or default complained of, or, where the injury or damage continues, within 36 months after it ceases.

Claims over treatment in a government hospital or clinic are usually brought against the Government of Malaysia, together with the doctors concerned, under the Government Proceedings Act 1956 (Act 359). Section 24B of the Universities and University Colleges Act 1971 (Act 30) applies the 1948 Act to claims against public universities and their staff, which matters where treatment was given at a public university hospital.

Three points are often misunderstood.

• The 36 months run from the act or neglect itself, not from when you learn it may have been negligent.
• The 2018 amendments to the Limitation Act 1953 did not change the 36-month period.
• The 1948 Act has applied in Sabah and Sarawak since 1965, so the same period applies there.

What is the time limit if the patient has died?

Two kinds of claim may arise. A dependency claim for the family must be brought within three years after the death, while the estate's own claim follows the time limit that applied to the patient.

Under section 7 of the Civil Law Act 1956 (Act 67), where a death is caused by wrongful act, neglect or default, a claim can be brought for the benefit of the deceased's spouse, parents, children and any person with disabilities under the deceased's care. Section 7(5) allows only one action and requires it to be brought within three years after the death. It is normally brought by the executor or administrator, but if none has done so within six months of the death, the family members may bring it themselves under section 7(8).

For claims arising since the Civil Law (Amendment) Act 2019 (Act A1591) came into force on 1 September 2019, bereavement damages are RM30,000, for the spouse, children or parents. Funeral expenses may also be claimed.

Under section 8, the patient's own claim survives for the benefit of the estate, subject to the patient's original time limit of six years or 36 months. If letters of administration are needed, apply early.

Where a government hospital is involved, the 36 months run from the act or neglect, not from the death, and may end before the three years. Count from the date of treatment to be safe.

Do the time limits differ for children and patients who lack capacity?

Yes, for claims under the Limitation Act 1953. A person is under a disability while a child or of unsound mind, and under section 24 a claim may be brought within six years from the date the disability ends or the person dies, whichever comes first.

The age of majority in Malaysia is 18 under the Age of Majority Act 1971 (Act 21). So a child injured at birth in a private hospital in Peninsular Malaysia may generally sue until six years after turning 18. A parent can bring the claim earlier on the child's behalf, and waiting is rarely wise, because evidence becomes harder to gather over time.

The position against government hospitals is different. Section 24 applies to periods prescribed by the Limitation Act 1953 itself, and the Public Authorities Protection Act 1948 has no similar extension for children. A child's claim against a government or public university hospital should therefore be treated as subject to the 36-month limit.

For adults, the extension applies only if the person was already of unsound mind when the right of action accrued. If a patient loses capacity later, time keeps running, so the family should take advice quickly.

Are the time limits different in Sabah and Sarawak?

Yes. The Limitation Act 1953 does not apply in Sabah and Sarawak. The Limitation Ordinance (Sabah Cap. 72) and the Limitation Ordinance (Sarawak Cap. 49) apply instead, and their periods for injury claims are shorter.

• In Sabah, a suit for compensation for injury to the person must be brought within three years from when the injury is committed.
• In Sarawak, the same three-year period applies to compensation for injury to the person, including compensation to the family where death results from the injury.
• Both Ordinances also set a two-year period for compensation for some wrongs independent of contract, so the right category must be identified early.
• Both cap the extension for a child at three years after the disability ends.

Claims against government hospitals in Sabah and Sarawak are subject to the 36-month period in the Public Authorities Protection Act 1948, which applies there too. If you were treated in Sabah or Sarawak, take advice well within two years of the treatment.

What should you do now if time is running out?

Work out your deadline first, then act on the evidence. If the deadline is close, a claim can be filed to protect your position while the medical evidence is completed.

1. Note the key dates: the treatment, when the injury appeared and, if the patient has died, the date of death.
2. Identify who provided the care: a private doctor or hospital, a government facility or a public university hospital. This decides whether six years or 36 months applies.
3. Request the complete medical records now. Malaysian Medical Council guidance sets a six-week time frame for a medical report, and an independent medical opinion takes further time.
4. Do not wait for a hospital's internal review, an insurer's reply or a Malaysian Medical Council complaint. None of these, by itself, stops time running.
5. If time is short, file the writ first. Under Order 6 rule 7 of the Rules of Court 2012, a writ is generally valid for service for six months from issue, so it must then be served promptly.

Our medical negligence lawyers can check your dates at a consultation, online or in person, once we have reviewed the records and documents.