By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Once considered a niche and specialized area of law, medical law in Malaysia has gained significant prominence in recent years.
This shift is driven by growing public awareness, advancements in medicine and technology, and increasing accountability for healthcare providers. Central to this change is the rising number of medical negligence claims and the role of medical negligence lawyers in Malaysia.
Rising Awareness of Medical Negligence Claims in Malaysia
Greater media coverage of medical negligence claims has brought attention to tragic cases involving medical errors, resulting in substantial judgments against healthcare providers. These cases have highlighted the need for patients to seek expert advice from a medical malpractice attorney in Malaysia to navigate the complexities of medical litigation.
Malaysia has seen a notable increase in such cases. However, the news reports on medical negligence claims represent only a small fraction of the actual number of cases litigated in the courts. Thousands of complaints go unreported, underlining the importance of accessing medical malpractice legal services in Malaysia.
Access to Justice Through Medical Negligence / Medico-Legal Litigation
Dr. Anthony Barton, a renowned medico-legal practitioner in the UK and co-editor of Clinical Negligence, has emphasized the importance of litigation in ensuring truth, justice, accountability, and patient safety. Litigation provides an independent, rigorous investigation of adverse clinical outcomes, holding healthcare providers accountable and ensuring patient rights are upheld.
For example, in 2023, clinical negligence claims cost the UK’s National Health Service (NHS) over £2 billion, with approximately 13,000 cases pursued from an estimated 300,000 inquiries. Malaysia, too, has seen rising costs and legal battles, necessitating the services of a medical negligence law firm in Kuala Lumpur to handle these complex cases.
Notable Medical Negligence Cases in Malaysia
Case 1: Adeena’s Landmark RM8.6 Million Award
In March 2024, the Court of Appeal awarded RM8.6 million in damages to an infant girl named Adeena, marking the highest amount ever awarded in a medical negligence claim in Malaysia. Born via Caesarean section in 2020, Adeena suffered spinal cord injuries during the procedure, leaving her paralyzed. The damages included long-term treatment and rehabilitation costs. This case underscores the need for patients to consult a medical malpractice specialist lawyer in Malaysia to seek fair compensation.
Case 2: Shuhazani’s Tragic Ordeal
In 2023, the High Court awarded RM3.8 million in damages to Shuhazani, a former saleswoman who suffered severe complications during her first pregnancy in 2016. Her case highlighted negligent treatment of preeclampsia, resulting in multiple health issues, the stillbirth of her baby, and lifelong disabilities. Following a trial on the quantum of damages, the Government’s admission of liability demonstrated the value of seeking expert medical negligence legal advice in Malaysia.
Statistical Insights and Trends
Between 2012 and 2021, the Medico-Legal Section of Malaysia’s Ministry of Health reported an average of 200 medico-legal complaints annually, costing over RM189 million. This data, however, only covers Ministry of Health facilities, excluding the private sector, which comprises over 200 hospitals and 10,000 clinics. Teaching hospitals under the Ministry of Education also face medico-legal litigation, further emphasizing the growing need for experienced medical malpractice law firms in Malaysia.
Private Hospitals and Liability
A significant development in Malaysia’s medical negligence landscape occurred on February 23, 2024, with the Federal Court’s decision in Siow Ching Yee v Columbia Asia Sdn Bhd. The court ruled that private hospitals owe a statutory non-delegable duty of care to patients.
This landmark judgment rejected claims by private hospitals that they merely provide facilities, holding them jointly liable for the negligence of their independent contractors. Such decisions reinforce the importance of consulting a medical negligence law firm in Kuala Lumpur for cases involving private hospitals.
What Patients Should Do
If you believe you have suffered due to negligent medical treatment, it is crucial to:
Obtain relevant medical records and expert opinions.
Consult a qualified medical negligence or medical malpractice lawyer in Malaysia.
Understand the procedures and timelines for filing a medical negligence claim.
Engaging a medical negligence law firm in Kuala Lumpur ensures that you receive the necessary legal support and guidance throughout the litigation process.
Conclusion
The future of medical negligence litigation in Malaysia presents both challenges and opportunities. For the healthcare industry, increasing damages and liability exposure may impact medical practices and insurance premiums. For patients, recent legal developments offer hope for justice and fair compensation.
The expertise of a medical malpractice law firm in Malaysia is critical to navigating these changes and ensuring patient rights are upheld. With the tide turning in favor of patients, the role of medical negligence lawyers in Malaysia has never been more important.
Contact us for a free consultation via WhatsApp (+60143000960) or E-mail (admin2@luibhullar.com) for any queries
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