Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities

The Doctrine of Informed Consent requires medical practitioners to provide adequate information to their patients so that they are able to understand the nature and consequences of the proposed treatment. Failure to provide such information to their patients may trigger claims in the court of law. T...

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Main Authors:	Hazelan, Hairul Akram, Jahn Kassim, Puteri Nemie
Format:	Conference or Workshop Item
Language:	English English
Published:	2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/64018/ http://irep.iium.edu.my/64018/19/64018%20-program%26letter.pdf http://irep.iium.edu.my/64018/2/HAIRUL%20ICLAS%202018%20%281%29.pdf

id	iium-64018
recordtype	eprints
spelling	iium-640182018-06-07T08:04:14Z http://irep.iium.edu.my/64018/ Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities Hazelan, Hairul Akram Jahn Kassim, Puteri Nemie K Law (General) The Doctrine of Informed Consent requires medical practitioners to provide adequate information to their patients so that they are able to understand the nature and consequences of the proposed treatment. Failure to provide such information to their patients may trigger claims in the court of law. This point has been reiterated by the recent Federal Court judgement in Zulhasnimar Hassan Basri & Anor v. Dr Kuppu Velumani P & Ors [2017] which re-emphasized the judgement of the Federal Court in Foo Fio Na v Dr Soo Fook Mun & Anor [2007] that “the practitioner is duty bound by law to inform his patient who is capable of understanding and appreciating such information of the risks involved in any proposed treatment so as to enable the patient to make an election of whether to proceed with the proposed treatment with knowledge of the risks involved or decline to be subjected to such treatment.” In this respect, informed consent is not just an established ideal legal theory but a collaborative process involving (i) disclosure of pertinent information by the medical practitioner (ii) comprehension by the patient (iii) voluntary agreement. Nevertheless, factors such as complexity of communication in clinical encounters involving language barriers, age and intellectual ability of the patient may undermine effective informed consent processes. Thus, it is imperative that healthcare facilities establish ‘good informed consent practices’ that considers the current realities surrounding patients’ circumstances as well as adhering to the demands made by the court of law. This will eventually reflect the autonomous wishes of the patients as required by law as well as safeguarding medical practitioners and health facilities against potential and increasing law suits. 2018 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/64018/19/64018%20-program%26letter.pdf application/pdf en http://irep.iium.edu.my/64018/2/HAIRUL%20ICLAS%202018%20%281%29.pdf Hazelan, Hairul Akram and Jahn Kassim, Puteri Nemie (2018) Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities. In: 7th International Conference on Law and Society (ICLAS 7), 11-13 April 2018, Kota Kinabalu, Sabah. (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)
spellingShingle	K Law (General) Hazelan, Hairul Akram Jahn Kassim, Puteri Nemie Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities
description	The Doctrine of Informed Consent requires medical practitioners to provide adequate information to their patients so that they are able to understand the nature and consequences of the proposed treatment. Failure to provide such information to their patients may trigger claims in the court of law. This point has been reiterated by the recent Federal Court judgement in Zulhasnimar Hassan Basri & Anor v. Dr Kuppu Velumani P & Ors [2017] which re-emphasized the judgement of the Federal Court in Foo Fio Na v Dr Soo Fook Mun & Anor [2007] that “the practitioner is duty bound by law to inform his patient who is capable of understanding and appreciating such information of the risks involved in any proposed treatment so as to enable the patient to make an election of whether to proceed with the proposed treatment with knowledge of the risks involved or decline to be subjected to such treatment.” In this respect, informed consent is not just an established ideal legal theory but a collaborative process involving (i) disclosure of pertinent information by the medical practitioner (ii) comprehension by the patient (iii) voluntary agreement. Nevertheless, factors such as complexity of communication in clinical encounters involving language barriers, age and intellectual ability of the patient may undermine effective informed consent processes. Thus, it is imperative that healthcare facilities establish ‘good informed consent practices’ that considers the current realities surrounding patients’ circumstances as well as adhering to the demands made by the court of law. This will eventually reflect the autonomous wishes of the patients as required by law as well as safeguarding medical practitioners and health facilities against potential and increasing law suits.
format	Conference or Workshop Item
author	Hazelan, Hairul Akram Jahn Kassim, Puteri Nemie
author_facet	Hazelan, Hairul Akram Jahn Kassim, Puteri Nemie
author_sort	Hazelan, Hairul Akram
title	Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities
title_short	Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities
title_full	Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities
title_fullStr	Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities
title_full_unstemmed	Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities
title_sort	implementing ‘good informed consent practices’ in malaysian healthcare facilities: balancing the demands of law and medical realities
publishDate	2018
url	http://irep.iium.edu.my/64018/ http://irep.iium.edu.my/64018/19/64018%20-program%26letter.pdf http://irep.iium.edu.my/64018/2/HAIRUL%20ICLAS%202018%20%281%29.pdf
first_indexed	2023-09-18T21:30:47Z
last_indexed	2023-09-18T21:30:47Z
_version_	1777412496664035328

Implementing ‘Good Informed Consent Practices’ in Malaysian healthcare facilities: Balancing the demands of law and medical realities

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