APPLICATION OF NEGLIGENCE PRINCIPLES IN MALAYSIA: AN OPTHALMOLOGY CASE REVIEW

Marina Abdul Manap

Abstract


Medical negligence is not a new and peculiar issue in Malaysia. It is one of the dilemmas and endless legal issues. Growing public awareness of legal rights and protection has led many medical practitioners to face legal action in court. Other than providing protection of rights to the patients and  also compensation, medical negligence laws also explicitly aim to ensure that the medical practitioner's duties and standards are at their best. Based on a review of one case on eye treatment, this article aims to shed light on some of the questions regarding what constitues medical negligence, the application of basic principles of negligence in resolving disputes in medical negligence and what is the recent approach taken by the courts in Malaysia in dealing with medical negligence issues. This paper analyzing the legal principles that have been decided in recent cases regarding medical negligence. In general, this article gives the public a clearer picture of how the court reached an amicable decision by applying the principles of negligence introduced in law of Tort.

Keywords


Negligence, medical negligence, negligence principles

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References


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