Medical negligence ·
Two Tests, One Profession: How Zulhasnimar Settled the Standard of Care
The Federal Court’s 2017 decision in Zulhasnimar kept the Bolam test, as qualified by Bolitho, for diagnosis and treatment, and confined Foo Fio Na to the…
General information on Malaysian law, written by our lawyers. Each guide says when it was last updated. It is not legal advice.
No guides match your search.
Legal glossary · Legal questions, answered
Medical negligence ·
The Federal Court’s 2017 decision in Zulhasnimar kept the Bolam test, as qualified by Bolitho, for diagnosis and treatment, and confined Foo Fio Na to the…
Defamation ·
Three Federal Court rulings, and a July 2026 Court of Appeal sequel in the Sarawak case, explain why governments and individual office-holders can sue for…
Defamation ·
A message to 55 fellow condominium owners mentioned an old arrest but left out the acquittal. The Federal Court held in 2024 that a knowing half-truth can…
Criminal ·
On 13 July 2026 the Federal Court, by a 2-1 majority, dismissed the prosecution’s final appeal and upheld Syed Saddiq’s acquittal on four charges. We…
Medical negligence ·
By a 4-1 majority the Federal Court held a private hospital liable for an independent-contractor anaesthetist’s negligence after an emergency admission,…
Defamation ·
In February 2026 the Federal Court reversed the ruling that had struck two words from section 233 of the Communications and Multimedia Act, but narrowed…
Defamation ·
A mining company lost at every level against a village activist, yet won against the news portal that carried her campaign. The two Federal Court rulings…
Defamation ·
A defendant who denied being the blogger Papagomo was identified by ordinary witness evidence and ordered to pay RM800,000. We look at that ruling,…
Criminal ·
On 18 September 2026 Najib Razak was granted a conditional pardon to serve the rest of his SRC sentence under house arrest. We explain what it changes,…
Criminal ·
On 22 December 2025 the High Court accepted that a royal addendum order on house arrest existed, yet held it invalid because it never went through the…
Defamation ·
In 2021 a divided Federal Court held that responsible journalism and reportage are separate defences. We explain what the Malaysiakini gold-mine ruling…
Defamation ·
A contempt case, not a defamation suit, but the Federal Court’s 2021 ruling on section 114A of the Evidence Act shapes the risk for anyone who hosts…
Medical negligence ·
有些医疗疏忽索偿,根本走不到医生有没有过失这一步,而是更早就结束了,原因很简单:起诉太迟。两宗上诉案例,一宗关于白内障手术,一宗关于处理产业买卖的律师,说明了我国法院如何认定时效从何时起算,也说明了2019年生效的一项改革虽然帮到部分迟来的索偿者,却帮不到身体受伤的病人。
Defamation ·
Malaysian courts can order a Facebook or Instagram post taken down before trial, but only in clear cases. We explain the four-part test, how it has been…
Criminal ·
A psychiatric diagnosis does not by itself excuse a crime. We explain the Federal Court’s two-stage test in PP v Mohd Rozani Yahaya, who bears the burden…
Medical negligence ·
Malaysia adopted a patient-centred duty to disclose risks in 2006, years before the United Kingdom and Singapore. We compare the three approaches and…
Medical negligence ·
The Federal Court in Inas Faiqah explained how certain a judge must be before awarding future-care costs. Since then, appellate birth-injury awards have…
Medical negligence ·
In 2006 the Federal Court held that whether a doctor adequately warned a patient of material risks is for the court, not the profession alone, to decide.…
Defamation ·
A Johor Bahru High Court ruling in 2020 ordered RM200,000 in damages and a Facebook apology over posts naming a doula. We explain the decision, its…
Medical negligence ·
In 2017 the Federal Court accepted that a private hospital can owe patients a non-delegable duty, yet held the hospital not liable where the patient chose…
Medical negligence ·
The Federal Court upheld RM1 million in aggravated damages for a patient blinded in one eye and held the private hospital liable for anaesthetic services.…
Medical negligence ·
The Court of Appeal dismissed a surgeon’s appeal after fatal sinus surgery and, as reported, held that a private hospital has its own duty to ensure valid…
Defamation ·
The Court of Appeal cut Lim Guan Eng’s award against Muhyiddin Yassin from RM1.35 million to RM450,000 but upheld liability. A round-up of recent…
Criminal ·
The Federal Court reviewed more than a thousand death and natural-life sentences under a temporary 2023 law. We explain how resentencing worked, the…
Criminal ·
From the age of criminal responsibility to closed-door trials, detention at the Ruler’s pleasure and the ban on identifying a child in court, we explain…
Criminal ·
Najib’s addendum case went from a refusal of leave to a 2-1 Court of Appeal win and a unanimous Federal Court ruling, while the Malaysian Bar’s separate…
Criminal ·
Since 11 July 2025 harassment, threats and doxxing can be prosecuted as specific bullying offences. We explain the six new Penal Code sections, the intent…
Criminal ·
The Shah Alam High Court acquitted a teenager of murder on grounds of unsound mind, yet ordered indefinite detention in a psychiatric hospital. We explain…
Medical negligence ·
The High Court awarded RM100,000 in exemplary damages against a general practitioner who performed nose-implant procedures beyond a Chapter 1 aesthetic…
Criminal ·
On 26 December 2025 the High Court convicted Najib Razak on all 25 1MDB-Tanore charges, imposing 15 years’ jail and RM11.38 billion in fines. We explain…
Family ·
In Malaysia, the High Court can dissolve a marriage registered in Malaysia, or where either spouse is domiciled there or has been ordinarily resident there…
Employment ·
ASHA 2022 created the Tribunal for Anti-Sexual Harassment, a low-cost, fast-track alternative to civil court for sexual harassment in any setting. It can…
Family ·
Yes. Teo Chee Cheong v Chiam Siew Moi [2025] holds that EPF contributions accumulated during the marriage are matrimonial assets divisible under section 76…
Medical negligence ·
In Nurul Iman v Gleneagles Hospital KL [2025], the High Court awarded RM1.1 million in general damages after negligent carpal tunnel release surgery left…
Medical negligence ·
In Loganathan v Dr Lee Mun Toong [2025], the High Court awarded RM500,000 as a separate head of damages because the doctor's dismissive manner towards the…
Family ·
Non-Muslims divorce in the civil High Court under the Law Reform (Marriage and Divorce) Act 1976 on the single ground of irretrievable breakdown, usually…
Medical negligence ·
In Bukit Tinggi Hospital v Navin Sharma [2025], the Court of Appeal reassessed each head of medical-negligence damages with a more restrained method…
Defamation ·
2026年4月24日,上诉庭一致裁定,维持槟城高等法院对加巴底国会议员拿督西蒂玛斯都拉穆罕默德的判决,命令她赔偿三位行动党资深领袖林吉祥、林冠英及郭素沁共计75
Criminal ·
2024至2026年间,马来西亚的白领犯罪执法力度空前加强。截至2025年7月,马来西亚反贪污委员会(MACC)已开启728宗调查档案,其中109宗被列为“高知
Criminal ·
《2023年废除强制死刑法令》(法令第846号)与《死刑及终身监禁刑罚检讨(联邦法院临时管辖权)法令2023》(法令第847号)分别于2023年7月4日及9月1
Criminal ·
4 July 2025 marked two years since the Abolition of Mandatory Death Penalty Act 2023 (Act 846) came into force, repealing the mandatory death penalty for…
Criminal ·
The Sexual Offences Against Children Act 2017 (Act 792, “SOACA”) has emerged as one of the most actively enforced criminal statutes in Malaysia.…
Defamation ·
Section 233 of the Communications and Multimedia Act 1998 (CMA) makes it an offence to transmit, by network facilities or services, communications that…
Criminal ·
Online sextortion — the threat to publish intimate images unless the victim provides further images, money, or compliance — has become one of the…
Medical negligence ·
A persistent question in Malaysian medical negligence litigation is whether a private hospital can be liable for the negligence of a “visiting consultant”…
Criminal ·
Two December 2025 decisions concerning former Prime Minister Najib Razak closed the most-watched legal saga in modern Malaysian criminal practice. On 22…
Defamation ·
In October 2025 the Malaysian High Court found a former employee liable for defaming his ex-employer and three senior executives online, and ordered…
Defamation ·
In May 2025 the Malaysian courts delivered a significant defamation award in favour of Cabinet Minister Hannah Yeoh against Universiti Utara Malaysia…
Medical negligence ·
The Court of Appeal decision in Bukit Tinggi Hospital Sdn Bhd & Anor v Navin Sharma A/L Karam Chand & Anor [2025] MLJU 3236 marks a notable shift in the…
Medical negligence ·
Aggravated damages have, in the Court of Appeal’s recent observation, “almost become the norm” in Malaysian medical negligence suits. The 2025 decision in…
Criminal ·
The constitutional landscape of drug trafficking law in Malaysia has been substantially reshaped over the last fifteen years. Two Federal Court decisions…
Defamation ·
The Malaysian benchmark for high-value defamation damages remains Ling Wah Press (M) Sdn Bhd & Ors v Tan Sri Dato’ Vincent Tan Chee Yioun [2000] 4 MLJ 77…
Medical negligence ·
One of the first questions every prospective claimant in a Malaysian medical negligence case must answer is: am I within time? The Limitation Act 1953…
Defamation ·
If someone has posted defamatory content about you online, you have two routes in Malaysian law: a civil defamation suit under the Defamation Act 1957 and…
Defamation ·
Anonymous online defamation is a problem every Malaysian business and professional now faces. A defamatory comment appears on Facebook, an inflammatory…
Defamation ·
The Court of Appeal decision in Lim Guan Eng v Utusan Melayu (M) Bhd [2014] 6 CLJ 757 sits at the intersection of defamation, mainstream media, and…
Medical negligence ·
The Federal Court decision in Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor [2018] 2 MLRA 547 reaffirmed and clarified the dual-test…
Medical negligence ·
In 2007 the Federal Court of Malaysia handed down its decision in Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 MLJ 593. The judgment is now the leading…
Civil litigation and debt recovery ·
Not after one missed payment. Under section 16(1) of the Hire-Purchase Act 1967, the finance company can act only after two or more consecutive monthly…
Medical negligence ·
Madam Foo Fio Na was paralysed after neck surgery that followed a 1982 road accident. The Federal Court let stand the High Court’s findings that the surgeon…
Defamation ·
There are two parallel routes. You can sue the poster for damages under the Defamation Act 1957 by proving publication, identification and a defamatory…
Medical negligence ·
Yes. Under section 5 of the Government Proceedings Act 1956 the government is liable for the torts of its doctors and nurses, so the Federal or State…
Employment ·
Since the 2020 amendments, almost all private-sector employees, including probationers and fixed-term staff, can claim under section 20 of the Industrial…
Civil litigation and debt recovery ·
Send a Letter of Demand for unpaid debts, breach of contract, defamation, property disputes, unpaid wages or before a negligence claim. It should state the…
Family ·
A joint petition under section 52 of the Law Reform (Marriage and Divorce) Act 1976 is open to non-Muslim couples married at least two years who agree the…
Medical negligence ·
The Bolam Test, from Bolam v Friern Hospital Management Committee [1957], holds that a doctor is not negligent if acting in accordance with a practice…
Medical negligence ·
Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors [2017] 5 MLJ 438 is the Federal Court's clearest post-Foo Fio Na statement on the standard…
Family ·
Sivanes Rajaratnam v Usha Rani Subramaniam [2002] 3 MLJ 273 is one of the leading Federal Court decisions on the division of matrimonial assets under…
Civil litigation and debt recovery ·
Re Kong Thai Sawmill (Miri) Sdn Bhd [1978] 2 MLJ 227 is the Privy Council's classic statement of the oppression remedy under Malaysian company law.…
Employment ·
Mohd Ridzwan bin Abdul Razak v Asmah bt Hj Mohd Nor [2016] 4 MLJ 282 is the landmark Federal Court decision recognising sexual harassment as a civil tort…
Family ·
Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak & Ors [2018] 1 MLJ 545 is one of the most important Malaysian Federal Court decisions of the…
Employment ·
Every section 20 representation in Malaysia traces back to Goon Kwee Phoy v J & P Coats (M) Bhd [1981] 2 MLJ 129. The Federal Court there laid down the…
Medical negligence ·
The Federal Court's decision in Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 MLJ 593 is the cornerstone of the modern Malaysian law on a doctor's duty to…
Civil litigation and debt recovery ·
Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] 6 MLJ 15 is the Federal Court's modern treatment of liquidated damages under section 75…
Civil litigation and debt recovery ·
Berjaya Times Square Sdn Bhd v M-Concept Sdn Bhd [2010] 1 MLJ 597 is the Federal Court's leading exposition of the doctrine of frustration under section…
Defamation ·
Datuk Seri Anwar Ibrahim v Wan Muhammad Azri Wan Deris [2014] 9 CLJ 833 is one of the most-cited Malaysian decisions on online defamation. It confirms…
Civil litigation and debt recovery ·
Free Malaysian letter of demand template with explanations of every clause. When to use it, what to include, and the five common mistakes that weaken your…
Medical negligence ·
How Malaysian courts decide medical negligence — Bolam, Bolitho, and Foo Fio Na v Dr Soo Fook Mun [2007]. The four elements, the time limit, and what…
Medical negligence ·
A Malaysian medical negligence lawyer explains four categories of surgical negligence — never events, anaesthetic errors, technique errors, and consent.
Defamation ·
一篇诽谤帖子在二十四小时内的传播范围,可能超过一篇在全国性报纸上刊登的诽谤文章一年的传播范围。Facebook帖子、Instagram快拍、TikTok视频、X(前身为Twitter)话题串、WhatsApp群组消息和Google评论等,能够即时触达受众并无限期地持续存在。马来西亚法律在传统诽谤原则的基础上…
Medical negligence ·
A Malaysian medical negligence lawyer explains the five common categories of misdiagnosis claims under the Bolam-Bolitho test.
Criminal ·
A Malaysian criminal lawyer explains charges and defences under the Dangerous Drugs Act 1952 — possession, trafficking, the s.37 presumption, and the 2023…
Defamation ·
A Malaysian defamation lawyer explains the eight defences to a defamation claim — justification, fair comment, qualified privilege, absolute privilege,…
Civil litigation and debt recovery ·
A senior Malaysian advocate's 6-step guide to recovering unpaid debts — Letter of Demand, summary judgment under Order 14, enforcement, and bankruptcy.
Medical negligence ·
很少有医疗失误能带来像出生伤害那样持久的后果。在困难的分娩过程中遭受缺氧性脑损伤的儿童可能会终身患有脑瘫,持续六七十年;而家庭则会一直照料这个孩子,直到父母力不能及。因此,马来西亚的出生伤害索赔是我们法院价值最高的医疗疏忽索赔,并且需要最谨慎的准备。
Criminal ·
A Malaysian criminal lawyer explains the bail process — sections 387, 388, and 389 of the Criminal Procedure Code, sureties, and what to do if bail is…
Family ·
Learn how Maintenance After Divorce in Malaysia works to protect spouses and children. Get legal advice on financial support and obligations.
Family ·
Learn about divorce under civil law in Malaysia, covering legal process, rights, grounds, and how to navigate the civil divorce system.
Family ·
Learn how the Division of Matrimonial Assets in Malaysia works during civil divorce, including fair asset distribution. Contact us now!
Family ·
Learn about child custody in Malaysian divorce cases. Understand how divorce laws in Malaysia affect child, and parental responsibility.
Employment ·
Sexual harassment in the workplace is a serious issue that impacts individuals across all industries. It can severely affect a person's dignity,…
Defamation ·
Defamation occurs when someone makes statements that can harm another person's reputation in the eyes of the public. In Malaysia, defamation law includes…
Employment ·
The year 2020 brought significant challenges, particularly due to the economic repercussions of the Covid-19 pandemic. As a result, many employees faced…
Medical negligence ·
Once a duty of care is shown, the plaintiff must prove on a balance of probabilities that the defendant fell below the required standard of care.…
Medical negligence ·
Informed consent is fundamental to the patient-provider relationship and has developed mainly through case law. A patient is presumed to have capacity to…
Medical negligence ·
Expert reports are pivotal in medical claims: they provide specialised medical insight, help gauge the severity of injuries and can significantly influence…
Medical negligence ·
Medical records are the foundation of evidence in a medical malpractice claim. They record the patient's history, diagnoses, treatment plans, prescribed…
Medical negligence ·
Duty of care comes from Donoghue v Stevenson (1932), where Lord Atkin set out an obligation to take reasonable care to avoid foreseeable harm to a…
Speak to us in English, Bahasa Malaysia or 中文. Please do not send confidential documents until we confirm we can act for you.