You may have a medical negligence claim if a doctor, dentist or hospital fell below the standard of a reasonably competent practitioner and that failure caused you harm. Most claims must be filed within six years, so it helps to get your records and advice early. Our medico-legal practice is led by Dr Chee Hui Bing, who worked as a medical doctor at Hospital Batu Pahat and Putra Specialist Hospital before becoming a lawyer.
When something goes wrong in healthcare, you need someone who understands both medicine and the law.
A medical negligence claim in Malaysia rests on four elements:
| Main time limit | 6 years (Limitation Act 1953, s.6(1)(a)); special rules for children |
| Government hospitals | Claims go through the Government Proceedings Act 1956; notice requirements apply |
| Evidence | An independent medical expert report is almost always needed |
| Court | Usually the High Court |
We review your records and timeline, identify what went wrong and why it matters legally, brief suitable independent experts, write to the hospital or doctor, and, where needed, file and run the case in court. Because Dr Chee trained and worked as a doctor, we read clinical notes the way clinicians do. We also act for doctors and healthcare providers in medical disputes.
Generally six years from when the cause of action arose, under the Limitation Act 1953. The "date of knowledge" rule in section 6A does not apply to personal-injury claims, so a hidden injury does not by itself extend the time. For children, time usually runs from age 18. Claims against government hospitals have extra notice requirements. Check your dates with a lawyer as soon as you can.
Often, yes. Federal Court decisions such as Dr Kok Choong Seng v Soo Cheng Lin (2017) explain when a private hospital is responsible for doctors it arranges, even if they are independent contractors. Government doctors are usually sued together with the Government of Malaysia.
Almost always. The court needs independent expert evidence from a doctor in the relevant specialty on standard of care and causation.
No. Following Foo Fio Na, the question is whether you were properly warned of material risks. A generally worded form does not prove a specific risk was explained.
Your claim journey
Every move has a strategy
Step 1
We help you request your full medical records from the hospital or clinic.
Step 2
A suitable medical expert reviews the records on breach of duty and causation.
Step 3
We write to the doctor or hospital setting out the claim.
Step 4
If the matter does not settle, we file the claim in court within the limitation period.
Step 5
The claim ends by settlement or judgment, and we explain the next steps.
Pages for each city where we handle medical negligence matters.
Speak to us in English, Bahasa Malaysia or 中文. Please do not send confidential documents until we confirm we can act for you.
