Medical law is an area of law which governs the responsibilities of medical practitioners and the rights of patients.
We have experience in providing legal representation and advisory services in medical cases such as allegations of misdiagnosis, surgical mishaps, conflicts of interests and delayed treatments. We also advise on the use of inappropriate equipment/devices and the use of controversial drugs.
- Advising the patients or the doctors on their rights and remedies in the event of a surgical mishap
- Drafting and negotiating amicable settlements with the doctors on behalf of the patients
- Representing either the patient or the doctor in a legal action
- 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 trials in Court to give evidence and assist the court.
Assisted and represented patients in claims against hospitals and doctors for negligence occurred during the patients’ surgeries. The settlement sum received from the hospitals and/or doctors and the compensaton sum awarded by the courts are to compensate the patients for their pain and sufferings and to assist them in their future care and treatment.
Review & Testimonial
- “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
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 Soo Fook Mun & Anor  1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable.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.