Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.
The Malaysian Adoption Act 1952 does not address the citizenship of adopted children. As a result, the nationality of adopted children in Malaysia has been determined arbitrarily by the National Registration Department (NRD) in the exercise of its administrative function of registering orders granted by the Malaysian courts. By refusing citizenship to many adopted children, the NRD has forced aggrieved parents to subsequently apply to the Minister of Home Affairs for citizenship for their adopted children, which decision is discretionary and beyond judicial review.
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