A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]

This research has been conducted to analyse the existing legal framework in Malaysia governing the traditional and complementary medicine practice. The research aims to analyse the inadequacy of the law of traditional and complementary medicine in Malaysia specifically in the Traditional and Complem...

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Main Authors:	Mohd Supi, Afiifah Shariha, Mhd Redza, Nora Amina Fahsya, Kamarudzaman, Nurul Azawani, Aminuddin, Zahratunnur Hanim Ajla
Format:	Student Project
Language:	English
Published:	Faculty of Law 2014
Subjects:	Comparative law. International uniform Law Jurisprudence. Philosophy and theory of law
Online Access:	http://ir.uitm.edu.my/id/eprint/28209/ http://ir.uitm.edu.my/id/eprint/28209/1/28209.pdf

id	uitm-28209
recordtype	eprints
spelling	uitm-282092020-02-11T07:23:52Z http://ir.uitm.edu.my/id/eprint/28209/ A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.] Mohd Supi, Afiifah Shariha Mhd Redza, Nora Amina Fahsya Kamarudzaman, Nurul Azawani Aminuddin, Zahratunnur Hanim Ajla Comparative law. International uniform Law Jurisprudence. Philosophy and theory of law This research has been conducted to analyse the existing legal framework in Malaysia governing the traditional and complementary medicine practice. The research aims to analyse the inadequacy of the law of traditional and complementary medicine in Malaysia specifically in the Traditional and Complementary Medicine Act (TCMA) 2013 (the Act). The main concern of this research is the issue on the suitable standard of duty of care specifically duty to refer of TCM practitioner in light of section 30 of TCMA 2013. Section 30(1) of the Act imposed the obligation to the practitioners for referring their patient in two situations. The first situation is where the TCM practitioner need to refer patient to the medical practitioner if the patient experiencing an acute medical emergency and second, where the ailment or condition of the patient is beyond the skill, competency or their expertise of the TCM practitioner. Failure to comply, the practitioners shall be liable for breach of duty and may be subjected to penalty or if the patient wish, he may bring the case to the court. The focus shall be given to the action where the patient may bring the case of breaching the duty of care to court. Therefore, the researchers will highlight the suitable standard of care and approaches to be used in court. Different cases such as Bolitho v City & Hackney Health Authority, Abdul Rahman bin Abdul Karim v Abdul Wahab bin Abdul Hamid, etc shall be referred to. Faculty of Law 2014 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/28209/1/28209.pdf Mohd Supi, Afiifah Shariha and Mhd Redza, Nora Amina Fahsya and Kamarudzaman, Nurul Azawani and Aminuddin, Zahratunnur Hanim Ajla (2014) A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Comparative law. International uniform Law Jurisprudence. Philosophy and theory of law
spellingShingle	Comparative law. International uniform Law Jurisprudence. Philosophy and theory of law Mohd Supi, Afiifah Shariha Mhd Redza, Nora Amina Fahsya Kamarudzaman, Nurul Azawani Aminuddin, Zahratunnur Hanim Ajla A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]
description	This research has been conducted to analyse the existing legal framework in Malaysia governing the traditional and complementary medicine practice. The research aims to analyse the inadequacy of the law of traditional and complementary medicine in Malaysia specifically in the Traditional and Complementary Medicine Act (TCMA) 2013 (the Act). The main concern of this research is the issue on the suitable standard of duty of care specifically duty to refer of TCM practitioner in light of section 30 of TCMA 2013. Section 30(1) of the Act imposed the obligation to the practitioners for referring their patient in two situations. The first situation is where the TCM practitioner need to refer patient to the medical practitioner if the patient experiencing an acute medical emergency and second, where the ailment or condition of the patient is beyond the skill, competency or their expertise of the TCM practitioner. Failure to comply, the practitioners shall be liable for breach of duty and may be subjected to penalty or if the patient wish, he may bring the case to the court. The focus shall be given to the action where the patient may bring the case of breaching the duty of care to court. Therefore, the researchers will highlight the suitable standard of care and approaches to be used in court. Different cases such as Bolitho v City & Hackney Health Authority, Abdul Rahman bin Abdul Karim v Abdul Wahab bin Abdul Hamid, etc shall be referred to.
format	Student Project
author	Mohd Supi, Afiifah Shariha Mhd Redza, Nora Amina Fahsya Kamarudzaman, Nurul Azawani Aminuddin, Zahratunnur Hanim Ajla
author_facet	Mohd Supi, Afiifah Shariha Mhd Redza, Nora Amina Fahsya Kamarudzaman, Nurul Azawani Aminuddin, Zahratunnur Hanim Ajla
author_sort	Mohd Supi, Afiifah Shariha
title	A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]
title_short	A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]
title_full	A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]
title_fullStr	A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]
title_full_unstemmed	A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]
title_sort	critical study on the duty to refer in the light of traditional and complementary medicine act 2013 / afiifah shariha mohd supi … [et al.]
publisher	Faculty of Law
publishDate	2014
url	http://ir.uitm.edu.my/id/eprint/28209/ http://ir.uitm.edu.my/id/eprint/28209/1/28209.pdf
first_indexed	2023-09-18T23:19:48Z
last_indexed	2023-09-18T23:19:48Z
_version_	1777419355071447040

A critical study on the duty to refer in the light of traditional and Complementary Medicine Act 2013 / Afiifah Shariha Mohd Supi … [et al.]

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