Frequently asked questions

Short, direct answers. Every situation is different, so please contact us for advice on yours.

Legal glossary

Frequently asked questions

Medical negligence

Can I sue a doctor or hospital for medical negligence in Malaysia?

Yes, if the doctor or hospital fell below the standard of a reasonably competent practitioner and that failure caused you harm. Whether you have a claim depends on your medical records, independent expert evidence, causation and the time limit.

How long do I have to file a medical negligence claim?

Generally six years from when the cause of action arose, under the Limitation Act 1953. Different rules can apply to hidden injuries, to children (time usually runs from age 18) and to claims against government hospitals, so check your dates early.

What documents should I prepare?

Your medical records, discharge summaries, scan and lab reports, bills, consent forms, referral letters and a clear timeline of what happened and when.

Can I sue a government hospital?

Yes. Claims are brought under the Government Proceedings Act 1956, usually against the Government of Malaysia, and there are notice and procedural requirements that differ from private hospital claims.

Defamation

Can I sue someone for defamation on social media?

Yes. Posts on Facebook, Instagram, TikTok, X, WhatsApp, Google reviews and blogs are judged on the same principles as print: a defamatory meaning, reference to you, and publication to at least one other person.

What should I do first if I am defamed online?

Screenshot the post with the URL, date and account visible, note who has seen it, avoid replying in anger, and get advice about a letter of demand asking for takedown, retraction and apology.

Can I sue if the poster is anonymous?

Often yes. The High Court can order a platform or service provider to disclose the account holder's identity through a Norwich Pharmacal order, and you can then proceed against that person.

Criminal

What should I do if I am arrested?

Stay calm, ask to contact a lawyer (section 28A Criminal Procedure Code), don't sign documents you do not understand, and let your family know where you are.

Is the death penalty still mandatory for drug trafficking?

No. The Abolition of Mandatory Death Penalty Act 2023 made it discretionary. The court may impose death or imprisonment for life with whipping.

How long do I have to appeal a conviction?

Generally 14 days from conviction or sentence under section 307 of the Criminal Procedure Code. The deadline is strict.

Divorce & family

Can I divorce within two years of marriage?

Generally no. Section 50 of the Law Reform (Marriage and Divorce) Act 1976 bars a petition in the first two years unless the court gives leave for exceptional hardship.

What is the difference between a joint and a single petition?

A joint petition is filed by both spouses who agree on the divorce and its terms. A single petition is filed by one spouse, who must prove irretrievable breakdown, usually after a marriage tribunal reference.

Who decides child custody?

The court, treating the child's welfare as the paramount consideration under section 88. Orders can be varied later if circumstances change.

Employment & business

What is the time limit for an unfair dismissal claim?

60 days from the date of dismissal, under section 20 of the Industrial Relations Act 1967. The deadline is strict.

Should I send a letter of demand before suing?

Usually it is a sensible first step and many disputes settle there. Where there is urgency or a risk of assets being moved, going to court first may be better.

What is the time limit for most civil claims?

Six years for most contract and tort claims under the Limitation Act 1953. Some claims have shorter limits.

Working with us

Which languages do you work in?

English, Bahasa Malaysia and Chinese (Mandarin).

How do fees work?

Consultations are by appointment. We explain how fees will be charged and confirm them in writing before we start work, so there are no surprises.

Does contacting you make me a client?

No. A solicitor–client relationship starts only once we confirm in writing that we will act for you. Please don't send confidential documents until then.

Tell us what happened. We will explain your options.

Speak to us in English, Bahasa Malaysia or 中文. Please do not send confidential documents until we confirm we can act for you.