Medical Negligence Lawyer in Johor
Bolam-Bolitho composite standard · Foo Fio Na v Dr Soo Fook Mun [2007] 1 MLJ 593
Led by Dr Chee Hui Bing — advocate & solicitor and former medical doctor
Chris & Partners is a Johor-based law firm specialising in medical negligence claims across Malaysian courts. The firm is led by Dr Chee Hui Bing, who served as a medical doctor at Hospital Batu Pahat and Putra Specialist Hospital before being admitted to the Malaysian Bar. This dual qualification anchors the firm’s medico-legal practice — clinical records are read by a doctor before being framed by a lawyer.
To succeed in a medical negligence claim in the Malaysian High Court, a claimant must establish: (i) a duty of care owed by the doctor or hospital; (ii) breach of the standard of care under the Bolam-Bolitho composite test (qualified by Foo Fio Na v Dr Soo Fook Mun [2007] 1 MLJ 593); (iii) causation — that the breach materially caused the injury; and (iv) damage. The duty to advise of risks is governed by Rogers v Whitaker as adopted by the Federal Court in Foo Fio Na.
The firm acts for patients and families across Johor and Malaysia in misdiagnosis, surgical error, birth injury, anaesthesia, post-operative care and informed-consent disputes. Limitation is six years from the date of damage under the Limitation Act 1953.
Standard of care after Foo Fio Na
The Federal Court in Foo Fio Na held that, for diagnosis and treatment, the Bolam test applies: a doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical opinion (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582), as qualified by Bolitho v City and Hackney HA [1998] AC 232 (the practice must withstand logical analysis). For the duty to advise of risks, Bolam does not apply — the Rogers v Whitaker test applies: a doctor must warn of any material risk that a reasonable patient in the position of this patient would attach significance to.
Common matter types
- Misdiagnosis — failure to diagnose cancer, sepsis, stroke, ectopic pregnancy
- Surgical error — wrong-site surgery, retained instruments, post-operative bleed
- Anaesthesia — adverse drug reactions, ventilator events, awareness under anaesthesia
- Birth injury — shoulder dystocia, hypoxic-ischaemic encephalopathy, instrumental-delivery injury
- Informed consent — failure to advise of material risks (Rogers v Whitaker)
- Hospital systems failures — medication errors, fall and pressure-injury claims, infection control
- Mental-health negligence — failure to assess suicide risk, restraint injury
Limitation
Six years from the date of damage (or knowledge, in latent-injury cases) under sections 6 and 7 of the Limitation Act 1953. For minors, the period is suspended until majority. Prompt instruction is recommended — medical-record subject access and expert engagement take time.
How a medical negligence claim proceeds
- Initial consultation — the firm reviews available medical records and the patient’s account.
- Subject access request — formal request to the hospital for the complete medical record, under section 7 Personal Data Protection Act 2010.
- Independent medical expert review — a Malaysian or international expert (consultant in the relevant specialty) prepares a screening report on breach and causation.
- Letter of demand — issued to the doctor, the hospital, and (where applicable) the Malaysian Medical Council / professional indemnity insurer.
- Pre-action negotiation / mediation — many medical-negligence claims settle at this stage.
- High Court action — Writ of Summons, Statement of Claim, defence, expert reports, witness statements, trial.
- Trial & judgment — High Court Johor Bahru or High Court Kuala Lumpur depending on cause of action and parties.
- Appeals — Court of Appeal and Federal Court if leave granted.
Why a lawyer-doctor matters
Medical negligence cases turn on clinical detail. A lawyer who has held a stethoscope reads the records differently — ability to read clinical notation, abbreviations and operating-theatre records without translation; familiarity with standard hospital workflow and where the deviation occurred; direct evaluation of expert reports for clinical plausibility; more effective cross-examination of medical witnesses. This is not the only way to conduct medical negligence work, but it is one route — and the firm offers it.
Frequently Asked Questions
I think I (or a family member) was harmed by medical negligence. What should I do first?
(1) Obtain a copy of the complete medical record from the hospital — both private and government hospitals must release this on request. (2) Note the dates carefully — limitation is six years and runs from the date of damage. (3) Consult a medical negligence lawyer for a preliminary assessment.
How long do I have to bring a claim?
Six years from the date of damage. For minors, six years from age of majority. For latent injuries (where the harm is not immediately apparent), six years from the date of knowledge.
Can I sue the doctor or only the hospital?
Both. Government doctors are usually sued through the Government of Malaysia (vicarious liability under the Government Proceedings Act 1956). Private doctors are sued personally and through their professional indemnity insurer; hospitals are sued for institutional liability (consent forms, supervision, equipment, infection-control).
What is Bolam-Bolitho?
It is the test for the standard of care in diagnosis and treatment. The doctor’s conduct is judged against a responsible body of medical opinion (Bolam), as long as that opinion withstands logical analysis (Bolitho). For risk-disclosure / informed consent, the test is different — Rogers v Whitaker, adopted in Malaysia by Foo Fio Na.
Contact
Telephone: +60 17-702 2800
Email: [email protected]
Office: No 1-10 (1st Floor), Jalan Maju 1, Taman Maju, 83000 Batu Pahat, Johor.