Medical Negligence Litigation in Malaysia: Trends and Challenges

Litigation has never been a haven for neither the doctor nor the patient. Although at present, Malaysia is not experiencing the kind of “malpractice crisis”, there is certainly a rise in the number of negligence claims and the size of awards. These factors are sufficient to cause alarm for future i...

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Main Author:	Jahn Kassim, Puteri Nemie
Format:	Conference or Workshop Item
Language:	English English
Published:	2012
Subjects:	K Law (General) RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
Online Access:	http://irep.iium.edu.my/27418/ http://irep.iium.edu.my/27418/2/Med_Lit_Bologna%255B1%255D.pptx-1_puteri.pdf http://irep.iium.edu.my/27418/5/puteri_nemie3_nurses.pdf

id	iium-27418
recordtype	eprints
spelling	iium-274182013-03-21T09:35:16Z http://irep.iium.edu.my/27418/ Medical Negligence Litigation in Malaysia: Trends and Challenges Jahn Kassim, Puteri Nemie K Law (General) RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine Litigation has never been a haven for neither the doctor nor the patient. Although at present, Malaysia is not experiencing the kind of “malpractice crisis”, there is certainly a rise in the number of negligence claims and the size of awards. These factors are sufficient to cause alarm for future implications and generate serious thoughts for reform of the present system. The deficiencies of the present tort system in handling medical negligence claims have been apparent for a number of years. Most of the criticism is directed at whether the action of negligence is a suitable means to compensate victims of medical injury. For a medical negligence claim to succeed, the patient has to overcome the substantive law as well as the procedural law inherent in the tort system. Often, both the substantive and the procedural law tend to work against the interest of the patient. Furthermore, the present system seems ill equipped to provide non-legal remedies such as explanation and investigation of events leading to the mishap. There is a cry for reform within the tort system itself and also for the implementation of alternatives to the fault-based system such as a no-fault compensation scheme and methods of alternative dispute resolution. However, incremental changes such as adopting measures to complement the tort system should be introduced to promote efficiency, predictability and accountability. 2012 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/27418/2/Med_Lit_Bologna%255B1%255D.pptx-1_puteri.pdf application/pdf en http://irep.iium.edu.my/27418/5/puteri_nemie3_nurses.pdf Jahn Kassim, Puteri Nemie (2012) Medical Negligence Litigation in Malaysia: Trends and Challenges. In: 2nd International Medico-Legal Conference, 5 - 8 July 2012, Bologna, Italy. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine
spellingShingle	K Law (General) RA1001 Forensic Medicine. Medical jurisprudence. Legal medicine Jahn Kassim, Puteri Nemie Medical Negligence Litigation in Malaysia: Trends and Challenges
description	Litigation has never been a haven for neither the doctor nor the patient. Although at present, Malaysia is not experiencing the kind of “malpractice crisis”, there is certainly a rise in the number of negligence claims and the size of awards. These factors are sufficient to cause alarm for future implications and generate serious thoughts for reform of the present system. The deficiencies of the present tort system in handling medical negligence claims have been apparent for a number of years. Most of the criticism is directed at whether the action of negligence is a suitable means to compensate victims of medical injury. For a medical negligence claim to succeed, the patient has to overcome the substantive law as well as the procedural law inherent in the tort system. Often, both the substantive and the procedural law tend to work against the interest of the patient. Furthermore, the present system seems ill equipped to provide non-legal remedies such as explanation and investigation of events leading to the mishap. There is a cry for reform within the tort system itself and also for the implementation of alternatives to the fault-based system such as a no-fault compensation scheme and methods of alternative dispute resolution. However, incremental changes such as adopting measures to complement the tort system should be introduced to promote efficiency, predictability and accountability.
format	Conference or Workshop Item
author	Jahn Kassim, Puteri Nemie
author_facet	Jahn Kassim, Puteri Nemie
author_sort	Jahn Kassim, Puteri Nemie
title	Medical Negligence Litigation in Malaysia: Trends and Challenges
title_short	Medical Negligence Litigation in Malaysia: Trends and Challenges
title_full	Medical Negligence Litigation in Malaysia: Trends and Challenges
title_fullStr	Medical Negligence Litigation in Malaysia: Trends and Challenges
title_full_unstemmed	Medical Negligence Litigation in Malaysia: Trends and Challenges
title_sort	medical negligence litigation in malaysia: trends and challenges
publishDate	2012
url	http://irep.iium.edu.my/27418/ http://irep.iium.edu.my/27418/2/Med_Lit_Bologna%255B1%255D.pptx-1_puteri.pdf http://irep.iium.edu.my/27418/5/puteri_nemie3_nurses.pdf
first_indexed	2023-09-18T20:40:45Z
last_indexed	2023-09-18T20:40:45Z
_version_	1777409348209737728

Medical Negligence Litigation in Malaysia: Trends and Challenges

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