When a patient sees a doctor for treatment, the patient expects the doctor to possess all the necessary skill and knowledge that such doctor will normally possess. In Malaysia, claim in medical negligence will arise when the act of the medical practitioner falls below the acceptable standard and a case can be filed in Court for negligence by the victim(s) against the medical practitioner or hospital to seek for compensation. The law of tort is compensatory in nature.
There is a duty owed by medical practitioners (ie. doctor, nurse, dentist) to their patients to perform their job in a way which comply with the acceptable professional standard of care. A claim in medical negligence may arise if diagnosis is given wrongly or incorrect treatment is being administered or mistake in surgery that caused harm and/or worsen the patient’s existing condition. In a medical negligence litigation, expert’s evidence plays an important role and would be admissible in Court whenever there are matters or issues which require their expertise in terms of observation, analysis, description and resolution.
If you have any queries on issues relating to medical malpractice in Malaysia whether your doctor had performed his job with a poor standard, which lead to your injuries or losses or if you are a doctor facing such law suits you may contact us for consultation as to the strength of your case, experts from our firm will assist you accordingly.