The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia

The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acte...

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Main Author:	Jahn Kassim, Puteri Nemie
Format:	Article
Language:	English
Published:	World Association of Medical Law 2008
Subjects:	K Law (General) KPG Malaysia R Medicine (General)
Online Access:	http://irep.iium.edu.my/3496/ http://irep.iium.edu.my/3496/ http://irep.iium.edu.my/3496/1/decline_judicial_deference.pdf

id	iium-3496
recordtype	eprints
spelling	iium-34962011-10-13T08:01:54Z http://irep.iium.edu.my/3496/ The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia Jahn Kassim, Puteri Nemie K Law (General) KPG Malaysia R Medicine (General) The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed. World Association of Medical Law 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/3496/1/decline_judicial_deference.pdf Jahn Kassim, Puteri Nemie (2008) The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. Medicine and Law Journal, 27 (2). pp. 307-324. ISSN 0723-1393 http://www.thewaml.com/97918/Medicine-And-Law-Journal
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) KPG Malaysia R Medicine (General)
spellingShingle	K Law (General) KPG Malaysia R Medicine (General) Jahn Kassim, Puteri Nemie The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
description	The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.
format	Article
author	Jahn Kassim, Puteri Nemie
author_facet	Jahn Kassim, Puteri Nemie
author_sort	Jahn Kassim, Puteri Nemie
title	The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
title_short	The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
title_full	The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
title_fullStr	The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
title_full_unstemmed	The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
title_sort	decline of judicial deference to medical opinion in medical negligence litigation in malaysia
publisher	World Association of Medical Law
publishDate	2008
url	http://irep.iium.edu.my/3496/ http://irep.iium.edu.my/3496/ http://irep.iium.edu.my/3496/1/decline_judicial_deference.pdf
first_indexed	2023-09-18T20:11:20Z
last_indexed	2023-09-18T20:11:20Z
_version_	1777407497950199808

The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia

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