Medical Negligence in Malaysia: Cases & Commentary – 2nd Edition

The First Edition, published in 2009, was the first book containing cases and commentaries of medical negligence in Malaysia, comprising the case law from 1960s to 2009. This Second Edition of the book continues to be the lead reference on medical negligence case law in Malaysia, providing a useful compilation of local medical negligence cases with additional updates of cases from 2010 to 2020.

Each case is accompanied with the summary case facts and holdings, relevant excerpts of the court’s decision, a concise note on the quantum of damages awarded, and illuminating notes, providing a good understanding of the current developments of medical negligence law in Malaysia. The key subject terms which precede each case will also provide a quick guide to its scope and content.

The introductory chapter has been revamped to give an updated overview of the development of medical negligence law in Malaysia up to the year 2020, discussing key issues in the area, including the Bolam principle, the Bolitho qualifications, and the Rogers v Whitaker test. Written by a professor of law whose areas of expertise include the subject of negligence and medical law, this book will be useful for medical professionals, lawyers, judges, hospital administrators, insurers as well as law students.

Key Features

• Additional medical negligence case law from 2010 to 2020
• Comprehensive commentary that discusses the development of medical negligence law from the 1960s up 2020
• Analysis of cases with summary of facts and holdings, accompanied by key excerpts of the court’s judgment, highlighting the key issues and legal principles
• Concise notes on the quantum of damages awarded
• Subject Index facilitates easy and quick research

This updated edition contains more than 50 new medical negligence cases including three recent major Federal Court rulings which significantly develop the law in this area:

• Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor (and Another Appeal) [2018] 1 AMR 209 (aggravated damages)
• Dr Kok Choong Seng & Anor v Soo Cheng Lin (and Another Appeal) [2017] 6 AMR 609 (non-delegable duty of hospital)
• Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & 2 Ors [2017] 5 AMR 413 (standard of care for duty to diagnose, treat and warn)