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The Standard of Medical Care in Malaysia: The Case for Legislative Reform


Lee, JL, The Standard of Medical Care in Malaysia: The Case for Legislative Reform, Australian Journal of Asian Law, 14, (2) pp. 1-19. ISSN 1839-4191 (2013) [Refereed Article]

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A contentious issue in the law of medical negligence in Malaysia is the standard of care that is expected of doctors in the spheres of diagnosis and treatment. In 2006 the highest Malaysian court, the Federal Court, held in Foo Fio Na v Dr Soo Fook Mun [2007] 1 MLJ 593 (hereafter Foo Fio Na) that the Bolam test is not relevant in Ďall aspects of medical negligence casesí. In the wake of this decision, most lower court judges in Malaysia take the view that the principle enunciated in the Australian High Court decision in Rogers v Whitaker (1992) 175 CLR 479 is the test for determining the standard of care for diagnosis and treatment. It is, however, argued that the decision in Foo Fio Na is far from providing a clear statement on this issue. This paper identifies the shortcomings of the law relating to the standard of care in diagnosis and treatment in Malaysia and proposes legal reforms in light of developments in the United Kingdom, Australia and Singapore

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Legal systems
Research Field:Litigation, adjudication and dispute resolution
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Law reform
UTAS Author:Lee, JL (Mr Joseph Lee)
ID Code:88954
Year Published:2013
Deposited By:Law
Deposited On:2014-02-20
Last Modified:2014-06-25
Downloads:2 View Download Statistics

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