A Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

Abstract

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

Correlation Between Malpractice Litigation and Legislation Reform in Taiwan Over a 30-Year Period

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Medical Malpractice Litigation Following Spine Surgery in Beijing: The Past 6 Years.

“…Malpractice litigation is costly from a nancial perspective, and its monetary burden on healthcare systems worldwide keeps rising (4,(18)(19)(20)(21). For the entire included cases in current study, the average verdict payout (123,963 Yuan, around 18,230 US dollars) is signi cant lower than the average plaintiff claimed payouts (690,816 Yuan, around 101,591 US dollars) (p < 0.05).…”

Medical Negligence–Legal Narrative and Prevention in Malaysian Medical Practice

“…Medical practice in Malaysia has shown an increasing trend of medical negligence cases. 4 Pursuing medical malpractice is proven to be challenging for both patients and doctors. The cost and lengthy-time period are difficult for both patients and doctors to bear.…”

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