Medical Negligence

Medical negligence claims arise where a patient suffers injury, loss, or death as a result of medical treatment that falls below the acceptable standard of care. Such claims often involve complex issues relating to duties and standards of care, consent, causation, hospital liability, professional judgment, and regulatory compliance, and require careful assessment of both medical and legal evidence.

MahWengKwai & Associates has a dedicated Medical & Personal Injury department with extensive experience in handling medical and dental negligence claims in Malaysia. Our lawyers regularly advise and act for patients and their families, as well as for doctors, hospitals, and professional indemnity providers, across all tiers of the Malaysian courts.

We are frequently instructed in cases involving treatment at Government hospitals, university hospitals, and private medical centres, and in claims arising from a wide range of medical specialities. Our lawyers also represent clients in proceedings before regulatory bodies, including the Malaysian Medical Council and the Malaysian Dental Council, acting for both complainants and healthcare practitioners.

Our team understands that many medical negligence cases involve difficult factual and legal questions, including whether an adverse outcome amounts to negligence, whether a complication was avoidable, and whether liability lies with the treating doctor, the hospital, or both. We approach each matter with a careful and structured assessment of liability, causation, and quantum, tailored to the circumstances of the case. This assessment informs whether a matter should be resolved early, litigated to enforce proper valuation, or taken forward for judicial determination where necessary. Where a patient or family wishes to understand the strength of a potential claim before deciding whether to proceed, this assessment may also be provided as a formal written legal opinion.

In appropriate cases, the department also works with internal medical advisers who assist in the preliminary assessment and understanding of medical issues, including the identification of potential areas of concern at an early stage.

Where formal medical opinion is required, we engage independent medical experts locally and overseas, and have experience instructing specialists across a wide range of medical disciplines, including obstetrics and gynaecology, orthopaedics, neurosurgery, anaesthesiology, paediatrics, cardiology, and other relevant specialities depending on the issues involved.
Our lawyers are able to communicate with clients in English, Malay, Mandarin, and Tamil, as well as in various Chinese dialects, including Hokkien and Cantonese.

In addition to active litigation work, members of our team regularly conduct external talks and publish articles on medical law, and provide counsel services to other law firms in medical negligence matters.

We recognise that medical negligence litigation can place significant emotional and financial strain on patients and their families. We are mindful of concerns relating to legal costs, funding, and fee arrangements, and strive to customise our services and the scope of our engagement to accommodate the circumstances of each client where possible.

Our Services

Our medical negligence practice includes, amongst others:

• Advising and acting for patients, doctors, and healthcare providers in medical and dental negligence claims, including claims involving death and catastrophic injury
• Preparing written legal opinions on the merits and prospects of a potential medical negligence claim, for patients and families who wish to understand the strength of their case before deciding whether to pursue litigation
• Representing patients and healthcare practitioners in complaints and disciplinary proceedings before the Malaysian Medical Council and the Malaysian Dental Council
• Obtaining and reviewing medical records, including advising on and applying for pre-action discovery
• Engaging and instructing medical experts, both locally and overseas, across a broad range of medical specialities
• Conducting trials in the subordinate courts and appeals in the appellate courts of Malaysia
• Advising on and negotiating out-of-court settlements on behalf of patients and healthcare practitioners

Our Experience

Our specialised team has acted for patients of different ages and medical backgrounds.

Our medical negligence work has involved claims arising from treatment across a wide range of medical disciplines, including cases involving obstetrics and gynaecology, anaesthesiology, general and colorectal surgery, orthopaedics, neurosurgery, emergency medicine, radiology, paediatrics and neonatology, cardiology, vascular surgery, oncology, dentistry, ophthalmology, ENT, dermatology, rehabilitation medicine, psychiatry, and internal medicine.

These matters commonly involve issues such as delayed or missed diagnosis, surgical and post-surgical complications, failures in monitoring or escalation of care, medication errors, consent-related disputes, and hospital or institutional liability.

This includes cases involving:

• infant and adult patients who suffered brain injuries or neurological damage, and their family members
• next-of-kin of deceased patients whose deaths were caused or materially contributed to by negligent medical treatment
• patients who suffered quadriplegia, amputations, or permanent disabilities
• patients who sustained serious injuries arising from negligent medical treatment, including bowel perforations, septic shock, dental injuries, orthopaedic complications, and post-surgical complications

We have been involved in medical negligence claims against the Government of Malaysia, university hospitals, private hospitals, and specialist doctors, and have represented patients in the High Courts across Peninsular Malaysia, including proceedings in Penang, Malacca, Ipoh, Kuala Terengganu, Johor Bahru, Alor Setar, and Seremban.

The department is led by Jeremy Balang and Dev Sundram. They have extensive experience in the conduct of medical and dental negligence claims involving hospitals, specialist doctors, and institutional liability, and are closely involved in the strategic direction, supervision, and oversight of matters handled by the department, including at key decision-making stages of litigation.

The department is also supported by a wider team of associates, pupils, and paralegals who assist with case preparation, document review, and coordination with medical experts, under the supervision of the department’s lawyers.

Related Services

• Medical malpractice
• Occupier’s Liability
• Motor Vehicle Accidents
• Product Liability
• Workplace Injury

Review & Testimonial

• “I had an excellent experience working with Jason Lim. Jason was highly professional, knowledgeable, and attentive throughout the entire process. He took the time to clearly explain the legal issues involved and provided practical, well-considered advice at every stage.What stood out most was his responsiveness and dedication. He was always approachable and ensured that my concerns were addressed promptly. His attention to detail and thorough preparation gave me great confidence in the handling of my matter.I would highly recommend Jason Lim to anyone seeking a capable and reliable lawyer.” – Kelvin
• “I contacted MWKA to seek advice on medical negligence matter. They were fast to respond, extremely professional and provided advice based on the case. Hao Jet spoke with patience and answered to the questions I had and spent time taking down information. A couple of days later Jason Lim called and was very clear on the outcome/advices as well as the detail given which I am so grateful for. Although I did not proceed further, they have clearly shown they are very focus on providing excellent service without discussing cost, unless asked.” – Adeline
• “Jason Lim was recommended to us by a friend for medical negligence matters. He was easy to talk to and explained everything in a way we could easily understand. Even though we chose not to move forward with legal action, we are very grateful for his guidance and transparency.” – A.D.
• “Great consultation. They did not charge me, and their advice did help. Extreme appreciation to Mr Jason Lim and team.” – Anas Bin Aisheikh
• “I’m deeply grateful to Joyce Wong of MahWengKwai & Associates for her exceptional support in resolving a hospital misconduct case involving my father. Joyce was patience, strategic, and highly professional throughout the process. Her clear guidance and advice helped my family reach a positive settlement with the hospital, including a full waiver of the hospital invoice caused by their own negligence. I highly recommend her to anyone seeking legal counsel with integrity, empathy, and results.” – Karen Low
• “Just give them a call. Free consultation. Professional conduct that meets expectations. I’m very thankful for Ms Joyce Wong’s wise legal advice.” – TMH
• “We are very thankful to Jasmine who has been very supportive of us and caring through the whole process, and for her legal knowledge and expertise. She was very cool and calm, even when things got hard. No amount of money can give me my life back, but at least, with this win, we got our justice. Thank you Jasmine, and also Chee En and the MWKA team for assisting and representing us in our medical matter.” – Madam Y, Kuala Lumpur
• “MWKA arranged for us to have a consultation with a doctor for his expert opinion. We obtained professional advice from the expert doctor and MWKA’s lawyers Jasmine Wong and Carolyn Ng. The team was quick, responsive and alerted me to all of the highlighted issues. Even though my case involves new medical issues, the team did their best to listen and come out with the best possible solution. Thumbs up!!! Highly recommended 👌🏻” – Bashir, Kuala Lumpur
• “I am very pleased with the services provided by MahWengKwai & Associates. Jasmine & Kar Men assisted me efficiently throughout the way. Everything was professionally conducted. My case was settled amicably and I am very pleased with the outcome. Thank you MWKA!” – Dr FA, Kota Bharu