By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Medical Negligence Cases in Malaysia: Landmark Judgments of 2024
The medico-legal landscape in Malaysia continues to evolve, with 2024 witnessing several landmark rulings that reinforce legal accountability in healthcare. These cases have set significant precedents, impacting healthcare professionals, institutions, and patients alike.
In this article, we examine some of the most notable medical negligence cases of 2024, exploring their outcomes and implications for future litigation. As a leading medical negligence law firm in Kuala Lumpur, we provide expert legal representation and medical negligence legal advice in Malaysia for individuals seeking justice.
Siow Ching Yee – Private Hospital’s Non-Delegable Duty of Care
In Siow Ching Yee v Columbia Asia Sdn Bhd [2024] 3 MLJ 66, the Federal Court ruled that private hospitals owe a statutory non-delegable duty of care, making them liable for their specialist consultants’ negligence, even when they are independent contractors.
Mr. Siow suffered severe brain injuries due to an anaesthetic accident at Columbia Asia Hospital, Puchong. The medical negligence compensation in Malaysia amounted to RM4.5 million, holding the hospital accountable for the incident.
This ruling underscores the responsibility of private hospitals in ensuring their consultants adhere to professional standards. If you believe you or a loved one has suffered due to hospital negligence, consult a medical malpractice attorney in Malaysia for expert guidance.
Thaqif Asyraf – Record-Breaking Medical Negligence Compensation
In Thaqif Asyraf v Government of Malaysia [2023] 1 LNS 2261, the Court of Appeal awarded RM9.45 million, the highest recorded medical negligence compensation in Malaysia. Thaqif, a 10-year-old boy, suffered irreversible brain injuries at birth due to negligent treatment at Penang Hospital.
This ruling highlights the judiciary’s stance on protecting patients’ rights, ensuring adequate compensation for victims of medical malpractice litigation in Malaysia.
Lim Yoke Har – Record Aggravated Damages Awarded
In Prince Court Medical Centre v Lim Yoke Har [2024] MLJU 2699, the High Court awarded RM4.2 million in damages to Madam Lim, who was left in a vegetative state after falling from her hospital bed due to mechanical failure.
The hospital attempted to cover up the incident, leading to RM1 million in aggravated damages, setting a precedent for transparency and accountability in medical negligence cases.
If you need representation in similar cases, our medical malpractice specialist lawyers in Malaysia are ready to assist you.
Nur Adeena – Second-Highest Compensation in Malaysia
In Nur Adeena v Government of Malaysia & Ors [2023] MLJU 1400, the Court of Appeal increased medical negligence compensation in Malaysia to RM8.6 million for a minor who suffered tetraplegia due to spinal cord injury caused by medical negligence at Hospital Selayang.
This judgment emphasizes the court’s recognition of lifelong medical needs arising from medical negligence claims in Malaysia.
Other Notable Cases in 2024
Adam bin Hamil v Dr Chiam Tee Kiang
RM421,770 awarded for aesthetic procedure complications.
Failure to disclose medical qualifications and risks.
Airis Nurhana v Darul Aiman Sdn Bhd & Anor
RM750,000 awarded for brachial plexus injury due to negligent delivery.
Court of Appeal overturned initial dismissal.
Jayshree L.C. Doshi v Government of Malaysia & Ors
RM1.58 million awarded for negligence in a radiofrequency ablation procedure.
Government held vicariously liable for hospital negligence.
Nurul Iman v Gleneagles Hospital Kuala Lumpur
RM1.1 million awarded for permanent nerve damage due to surgical negligence.
Failure to obtain informed consent before surgery.
Usamah Ariffin v Government of Malaysia
RM3.1 million awarded for amputation due to delayed diagnosis and treatment.
Government admitted liability after the lawsuit was filed.
Conclusion
The medical negligence litigation in Malaysia in 2024 has reinforced the courts’ commitment to protecting patient rights and ensuring accountability in healthcare. These rulings highlight the importance of medical malpractice legal services in Malaysia, particularly in cases involving hospital negligence, surgical errors, and lack of informed consent.
If you or a loved one have suffered due to medical malpractice, consult our experienced medical negligence lawyer in Malaysia for expert legal advice. As a trusted medical malpractice law firm in Malaysia, we are committed to securing justice and fair compensation for our clients.
Consulting a medical negligence lawyer in Malaysia ensures that patients receive proper guidance and representation in their pursuit of justice.
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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