Does doctor know best? The recent trend in medical negligence

Presently, the tort system is used to regulate medical negligence litigation in Malaysia. Generally, this system provides for compensation only when a doctor or any other medical personnel assisting in the treatment of a patient is negligent. Previously, in determining whether a doctor was negligent...

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Main Authors:	Shuaib, Farid Sufian, Shuaib, Ibrahim Lutfi
Format:	Article
Language:	English
Published:	Department of Biomedical Imaging, Faculty of Medicine, University of Malaya 2009
Subjects:	K Law (General) R Medicine (General)
Online Access:	http://irep.iium.edu.my/1277/ http://irep.iium.edu.my/1277/ http://irep.iium.edu.my/1277/ http://irep.iium.edu.my/1277/1/Does_Doctor_always_Knows_Best.The_recent_Trend_in_Medical_Negligence.pdf

id	iium-1277
recordtype	eprints
spelling	iium-12772011-08-04T04:11:04Z http://irep.iium.edu.my/1277/ Does doctor know best? The recent trend in medical negligence Shuaib, Farid Sufian Shuaib, Ibrahim Lutfi K Law (General) R Medicine (General) Presently, the tort system is used to regulate medical negligence litigation in Malaysia. Generally, this system provides for compensation only when a doctor or any other medical personnel assisting in the treatment of a patient is negligent. Previously, in determining whether a doctor was negligent in diagnosis, treatment and advice, the court had shown a deferential attitude towards medical judgment. This is in contrast to the attitude of the court towards other professions such as engineers and architectures where the court does not hesitate in questioning the appropriateness and reasoning of the standard practice adopted by those professionals. However, this deferential attitude which is encapsulated in the phrase “a doctor knows best” is slowly dissipating. This article will look at this development of the law by highlighting selected landmark cases that enumerate this change in court’s attitude. It is important for radiologists, in Malaysia in particular, to understand the implication in everyday practice. Department of Biomedical Imaging, Faculty of Medicine, University of Malaya 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/1277/1/Does_Doctor_always_Knows_Best.The_recent_Trend_in_Medical_Negligence.pdf Shuaib, Farid Sufian and Shuaib, Ibrahim Lutfi (2009) Does doctor know best? The recent trend in medical negligence. Biomedical Imaging and Interrvention Journal, 5 (1). pp. 1-3. ISSN 1823-5530 http://www.biij.org/2009/1/e12/ 10.2349/biij.5.e12
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) R Medicine (General)
spellingShingle	K Law (General) R Medicine (General) Shuaib, Farid Sufian Shuaib, Ibrahim Lutfi Does doctor know best? The recent trend in medical negligence
description	Presently, the tort system is used to regulate medical negligence litigation in Malaysia. Generally, this system provides for compensation only when a doctor or any other medical personnel assisting in the treatment of a patient is negligent. Previously, in determining whether a doctor was negligent in diagnosis, treatment and advice, the court had shown a deferential attitude towards medical judgment. This is in contrast to the attitude of the court towards other professions such as engineers and architectures where the court does not hesitate in questioning the appropriateness and reasoning of the standard practice adopted by those professionals. However, this deferential attitude which is encapsulated in the phrase “a doctor knows best” is slowly dissipating. This article will look at this development of the law by highlighting selected landmark cases that enumerate this change in court’s attitude. It is important for radiologists, in Malaysia in particular, to understand the implication in everyday practice.
format	Article
author	Shuaib, Farid Sufian Shuaib, Ibrahim Lutfi
author_facet	Shuaib, Farid Sufian Shuaib, Ibrahim Lutfi
author_sort	Shuaib, Farid Sufian
title	Does doctor know best? The recent trend in medical negligence
title_short	Does doctor know best? The recent trend in medical negligence
title_full	Does doctor know best? The recent trend in medical negligence
title_fullStr	Does doctor know best? The recent trend in medical negligence
title_full_unstemmed	Does doctor know best? The recent trend in medical negligence
title_sort	does doctor know best? the recent trend in medical negligence
publisher	Department of Biomedical Imaging, Faculty of Medicine, University of Malaya
publishDate	2009
url	http://irep.iium.edu.my/1277/ http://irep.iium.edu.my/1277/ http://irep.iium.edu.my/1277/ http://irep.iium.edu.my/1277/1/Does_Doctor_always_Knows_Best.The_recent_Trend_in_Medical_Negligence.pdf
first_indexed	2023-09-18T20:08:31Z
last_indexed	2023-09-18T20:08:31Z
_version_	1777407320915968000

Does doctor know best? The recent trend in medical negligence

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