The integration of technology into healthcare has improved drastically in recent years. As consultations, diagnoses, medical records and even prescriptions move online, the legal framework government telemedicine, or lack of it, is being tested in real time. The traditional in-person or face-to- face consultation with a practitioner is no longer the sole method of accessing general practice services in Malaysia.   Once considered a supplementary tool for rural outreach, telem

An aggrieved patient may pursue a medical negligence claim when their complaint relates to the standard of clinical care they received and it is alleged that this care fell below an acceptable standard. However, not all patient grievances amount to a medical negligence claim. In some cases, dissatisfaction may stem from the conduct or attitude of a medical practitioner, healthcare worker or other staff members at a private healthcare facility. A patient may also be aggrieved

In medical negligence claims, the plaintiff is generally required to prove that the doctor failed to meet the expected standard of care, which caused the plaintiff harm. Given that this issue falls predominantly within the domain of medical science, the court ordinarily would rely heavily on the evidence of medical experts appointed by the parties.   Section 45 of the Evidence Act 1950 (EA 1950) states:   “(1)       When the court has to form an opinion upon a point of foreig

Dental negligence claims are not uncommon in Malaysia, with legal actions being initiated against dentists over the years. Patients have several avenues to pursue claims of alleged negligence, including filing a civil lawsuit or lodging a complaint with the Malaysian Dental Council. Additionally, dental practitioners and/or dental clinics may face criminal prosecution for negligent misconduct1. Legal proceedings can have serious consequences for dentists, including reputation

In today’s digital age, social media and digital marketing have become vital tools for healthcare professionals to grow their practices. Platforms such as Facebook, LinkedIn, Twitter, Instagram and practitioner websites provide valuable opportunities for healthcare professionals to educate the public and actively engage with the community.   However, the growing prevalence of social media also amplifies the risks to patient confidentiality. Practitioners must exercise caution

As with all civil claims, medical negligence claims are subject to the defence of limitation. If a claim is filed in court after the limitation period has expired, the defendant may invoke this as a defence, which operates as an absolute defence; if successfully established, the claim will be struck out regardless of its merits.    The legal framework governing the limitation period for medical negligence claims in Malaysia is intricate. Several statutory provisions prescribe

Confidentiality is a fundamental principle at the heart of the doctor-patient relationship. It ensures that personal health information shared during medical consultations is kept private and secure, fostering trust and open communication between patients and their medical practitioners. In the medical field, confidentiality is not only a professional and ethical obligation but also a legal one, with serious implications for both patients and practitioners if breached. Patien

Historically, general practitioners (GPs) have been regarded as having particularly trusted and close relationships with their patients, which likely contributed to the relatively low number of medical negligence claims against them. However, the traditional model of the “ family doctor ” has become less prevalent, with patients now often registered with a practice rather than a specific GP. Further, patients are also increasingly seeking care through walk-in clinics or the r

Informed consent to medical treatment is fundamental in both medical ethics and law. It requires that patients fully understand the nature of their medical treatment, including risks, benefits, and alternatives, before agreeing to proceed. Once fully informed, patients can voluntarily decide whether to proceed with the treatment. This process is crucial for safeguarding patients' autonomy and ensuring that they play an active role in making decisions about their healthcare.  

Generally, comprehensive and clear medical records are the distinguishing feature of a good medical practice. A patient’s medical records should be clear, accurate, legible, made contemporaneously, signed and dated, facilitating easy refresh of patient information for continuity of care and follow-up, as well as for future reference such as preparing medical reports.   Who do medical records belong to?   According to The Guideline of The Malaysian Medical Council [MMC Guideli

In medical negligence cases, once negligence by the doctor has been established, the dispute then focuses on who should pay the damages, either the hospital or the doctor or both.   The prevalent industry practice now sees the doctor being contracted by the hospital as an independent contractor instead of an employee. This arrangement is effective to minimise the risk that the hospital will be held liable for negligent acts by the doctor. As the doctor is no longer an employe

Recently, the Court of Appeal in SAJ Ranhill Sdn Bhd v SWM Greentech Sdn Bhd & Anor [2023] 1 LN 881 revisited the principles in relation to causation in an action for negligence. Background Facts The Appellant (SAJ Ranhill Sdn Bhd) was the operator of a water treatment plant (WTP) which sourced raw water from Sungai Benut which was then treated at the WTP. On the other hand, the Respondents (SWM Greentech Sdn Bhd and SWM Environment Sdn Bhd) were responsible for the operation