Consent to Medical Treatment and the Autonomous Power of Adult Patients: The Malaysian Legal Position

Zainudin, Tengku Noor Azira Tengku; Rahim, Anita Abdul; Rajamanickam, Ramalinggam

doi:10.5901/mjss.2015.v6n4s3p418

Cited by 4 publications

(7 citation statements)

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“…Consent is defined by the Malaysian Dental Council (MDC) in its Code of Professional Conduct 2014 as "…the granting to someone the permission to do something they would not have the right to do without such permission" (section 1.4) [2]. There is no specific statute governing consent in Malaysia except the Mental Health Act 2001 which only applies to mental health patients defined in the Act [3] In the light of this lacuna, English common law may be applied by the Malaysian courts pursuant to section 3(1) of the Civil Law Act 1956. In summary, the English common law dictates that an adult patient with sufficient capacity has the right to choose whether to receive or refuse any medical or dental treatment.…”

Section: The Law Of Informed Consent In Malaysiamentioning

confidence: 99%

“…al. observes that civil actions against doctors mostly lies on the failure to provide adequate information on the nature and risks associated with the treatment given [3]. In this circumstance, the consent obtained from the patient is deemed as valid but legal action can be brought under the tort of negligence for breach of doctors' duty to warn patients of the risks involved.…”

Section: (A) Battery Under the Law Of Tortmentioning

confidence: 99%

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An Overview of Informed Consent in Dentistry in Malaysia

Yaakob¹

2023

JCHS

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Introduction: Obtaining informed consent from patients is a fundamental legal and ethical element that is required of dental practitioners. From routine procedures such as dental filling or scaling to more complicated procedures such as oral surgeries, it is imperative that patients’ informed consent be acquired. Failure to procure a valid consent from patients prior to embarking on any dental treatment may cause several potential legal repercussions against dental practitioners. This paper, thus, seeks to discuss the issue of informed consent with particular reference to dental practice. It begins with an explanation on the laws governing informed consent in Malaysia. Then, an analysis on the ethical aspect behind the need to obtain patient’s consent, namely patient autonomy is provided. This is followed with a discussion on the potential legal consequences for failure to obtain informed consent, limiting to civil actions only. Methods: This is a descriptive paper that adopts legal doctrinal and qualitative method of analysis. Conclusion: The precondition of obtaining patients’ informed consent is a fundamental aspect in dental practice both for patients and dental practitioners.

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Section: The Law Of Informed Consent In Malaysiamentioning

confidence: 99%

Section: (A) Battery Under the Law Of Tortmentioning

confidence: 99%

An Overview of Informed Consent in Dentistry in Malaysia

Yaakob¹

2023

JCHS

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“…AMD can be used as a document describing the types of care that the patient will be allowed to receive and those that are not allowed when the patient has been impaired (Zainudin et al, 2015). AMD (also known as "Arahan Perubatan Awal" (APA) in the Malay language) makes a patient have a voice in circumstances when they no longer have control over what is being done to them (Zahir et al, 2017a;Zahir et al, 2017b;Zahir, 2017c;Zahir et al, 2019a).…”

Section: Advance Medical Directive (Amd)mentioning

confidence: 99%

Prospect and Legal Challenges of Medical Tourism in Relation to the Advance Medical Directive (AMD) in Malaysia

Zahir¹,

Zainudin²,

Rajamanickam³

et al. 2021

JSSH

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People fly for several reasons. One of the goals is to obtain medical attention. This idea is known as “medical tourism.” In defending this concept, the notion of medical tourism is one of the prospects of increasing industries that have rapidly grown in Malaysia and other countries. One of the factors that led to this trend is the propensity to pursue better medical care at a lower cost. Around the same time, certain patients in modern society have begun to provide input on their medical care in cases where they are unable to give consent. Advance Medical Directive (AMD) is a particular directive containing the desires of a knowledgeable patient regarding his or her future medical plans if he or she becomes incompetent or unable to make any decisions regarding his or her body. However, the concern that arises in the sense of medical tourism is whether there are applicable laws in Malaysia that will ensure that the AMD of patients is enforced. The art of AMD is still relatively new in the country and, as a result, the legal status on the AMD is still vague and uncertain. The purpose of this article is, therefore, to define the laws that can be applied in relation to AMD in the context of medical tourism. The approach used in this article is qualitative. It found that Malaysia did not have a clear legal framework for AMD within the scope of medical tourism. This article concludes that this legal challenge can be overcome by means of the special AMD regulations on medical tourism in Malaysia.

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“…For instance, Advance Medical Directive (AMD) (also known as "Arahan Perubatan Awal" (APA) in the Malay language) makes an individual has a voice relating to his or her health in circumstances when he or she no longer has control over what is being done to him or her (Zahir, 2017;Zahir et al, 2017a;Zahir et al, 2017b;Zahir et al, 2019a). A document specifying the types of treatment that a patient will allow being administered to him and those that are not allowed when he has become incapacitated is AMD (Zainudin et al, 2015). As a consequence, AMD is a guideline that empowers a patient to maintain his or her right to make a decision as to what he or she wishes to do for care before he or she loses the opportunity to do so (Sommerville, 1996).…”

Section: Right To Health In the Context Of Covid-19mentioning

confidence: 99%

Legal Exploration of Right to Health

Zainudin¹,

Zahir²,

Shariff³

et al. 2021

JSSH

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The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

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Consent to Medical Treatment and the Autonomous Power of Adult Patients: The Malaysian Legal Position

Cited by 4 publications

References 1 publication

An Overview of Informed Consent in Dentistry in Malaysia

An Overview of Informed Consent in Dentistry in Malaysia

Prospect and Legal Challenges of Medical Tourism in Relation to the Advance Medical Directive (AMD) in Malaysia

Legal Exploration of Right to Health

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