Start by asking the hospital for a copy of the complete medical record; both private and government hospitals must release it on request. Write down the key dates carefully, because time limits apply to every claim. Then have a lawyer make a preliminary assessment of the records and the events, so you know whether an expert review is worth pursuing.
It is the standard of care in medical negligence, accepted by the Federal Court in Foo Fio Na v Dr Soo Fook Mun [2007] 1 MLJ 593. A doctor is not negligent if the conduct matches a practice accepted as proper by a responsible body of medical opinion in the same field (Bolam), provided that opinion withstands logical analysis (Bolitho). It applies to diagnosis and treatment.
Yes. For diagnosis and treatment, the court applies Bolam with the Bolitho qualification. For the duty to disclose risks before treatment, the test is different: the approach in Rogers v Whitaker, which Malaysia adopted in Foo Fio Na. The question is whether the patient was told of the material risks, not simply whether other doctors would have said the same.
Section 6(1)(a) of the Limitation Act 1953 gives six years from the date the cause of action accrued. Section 6A, added by the Limitation (Amendment) Act 2018, allows three years from the date of knowledge (with a 15-year long-stop), but only for negligence claims not involving personal injuries, so it does not extend the time for a personal-injury medical negligence claim. Claims against government hospitals have extra notice requirements.
Yes. Claims against the Federal or State Government, including government hospitals, are governed by the Government Proceedings Act 1956, and the Government is vicariously liable for its doctors. Written notice to the Attorney General is required before suing, and the notice and procedural steps differ from a claim against a private hospital, so they should be checked early.
Often, yes. In private hospitals the surgeon or specialist is usually an independent contractor with admitting privileges, so the hospital's vicarious liability for clinical decisions is limited. The hospital is still directly liable for its own systems, such as record-keeping, credentialing, equipment, nursing care and emergency response. In Ministry of Health hospitals, the Government is vicariously liable for the doctor. Both are typically named as defendants.
As a rough guide from our past matters, investigation takes about 6 to 12 months and settlement negotiations another 6 to 12 months. If proceedings are filed, trial is usually reached within 18 to 30 months. Overall, two to four years from instruction to resolution is common, though every case depends on the records, the experts and the court.
Facing a similar situation? WhatsApp us a short summary. Please do not send confidential documents until we confirm we can act for you.
Speak to us in English, Bahasa Malaysia or 中文. Please do not send confidential documents until we confirm we can act for you.
