Everything has a limit. This applies to a right to recover a remedy in Court. Ordinarily, no one is permitted to hold onto that right for an indefinite period. Malaysia has statutory frameworks for determining the limitation periods for different…
Childbirth has always been a daunting affair. A joyous occassion can turn deadly for mother and child if not handled properly. Birth injuries are commonly suffered by the latter. They can happen in-utero, during the delivery process, and at the…
There seems to be a misconception that Government hospitals are not on par with private hospitals in terms of competence and service. It stems from the fact that Government hospitals were intended to cater to the populace who cannot afford…
Even if the defendant healthcare professional’s actions or decisions were the operative cause of the plaintiff patient’s injuries, the defendant will not be held liable if the type and nature of the injury suffered was not reasonably foreseeable. If the…
After it has been established that a healthcare professional had breached his duty of care, the next step would be for the Court to inquire whether injury, loss or damage claimed to have been suffered by the patient was because…
Once it is settled that the defendant healthcare professional owed the plaintiff patient a duty of care, it must then be shown that the defendant had breached his duty of care to the plaintiff. A healthcare professional breaches his duty…
The textbook definition of negligence is failing to take proper care over something. In terms of the law, there are specific “elements” which must be fulfilled, failing which, a defendant will not be found liable for negligence. The 4 Elements…
When an adverse event involving a patient occurs, a healthcare centres will not sit idly by hoping that the patient will just leave it alone. Like any functioning service provider, healthcare centres will have to deal with complaints. Most centres…
Medical Negligence as its colloquialy known is when a healthcare pracititioner makes a mistake which causes his patient to suffer an adverse result. Healthcare practitioners refer to all who are licensed to provide diagnostic, technical, and therapeutic patient care which…