Medical law is an area of law which governs the responsibilities of medical practitioners and the rights of patients. Notwithstanding the medical practitioners’ best intentions for the patients, occasional mistakes and carelessness are unfortunate realities of medical treatment which may result in pain, injury, financial loss or even death.
We provide legal representation and advisory services to patients and their representatives in medical cases involving allegations of failure to obtain informed consent, surgical mishaps, misdiagnosis and delayed treatment. We represent patients in settlement negotiations, mediation and in court in claims against medical practitioners and medical centres.
- Advising patients on their rights and remedies in cases of medical negligence
- Negotiating amicable settlements with the doctors on behalf of the patients
- Representing patients in legal proceedings against health care professionals including doctors and medical centres including hospitals
- Consulting with and obtaining advice and expert opinions from medical professionals who are experts in their respective fields of medicine who may be called to attend trial to give evidence in court.
- Advised and represented patients in claims against doctors and hospitals for medical negligence occurring during surgery
- Negotiated claims for compensation on behalf of the patients
- Represented patients in disciplinary hearings against the medical practitioners at the Malaysian Medical Council
Related Articles and Updates
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 Soo Fook Mun & Anor  1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable.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.