Medical Negligence In Malaysia: Cases and Commentary, 2nd Edition

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Medical Negligence In Malaysia: Cases and Commentary, 2nd Edition by Dr Puteri Nemie Jahn Kassim

Author Dr Puteri Nemie Jahn Kassim
Publication Date May 2021
ISBN 9789672919506
Format
Hardcover + Ebook
Publisher Sweet & Maxwell
 

The First Edition, published in 2009, was the first book in Malaysia to collect medical negligence cases and commentaries, covering the period from the 1950s through 2009. The book's Second Edition remains the leading reference on medical negligence case law in Malaysia, providing a helpful compilation of local medical negligence cases with further updates from 2010 to 2020.

Each case is accompanied with a summary of the case facts and holdings, important extracts from the court's decision, a succinct note on the amount of damages granted, and enlightening notes, all of which provide a good knowledge of the current trends in Malaysian medical negligence law. Each case's primary subject terms will also serve as a fast guide to its breadth and content.

The introduction chapter has been updated to provide an up-to-date summary of the development of medical negligence legislation in Malaysia until 2020, covering significant themes such as the Bolam principle, Bolitho qualifications, and the Rogers v Whitaker test.

This book will be beneficial for medical practitioners, attorneys, judges, hospital administrators, insurers, and law students. It was written by a law professor whose areas of competence include negligence and medical law.

KEY FEATURES of Medical Negligence In Malaysia:

  • From 2010 to 2020, there will be more medical negligence case law.
  • From the 1960s through 2020, a comprehensive commentary on the evolution of medical negligence law is provided.
  • Case analysis provides a description of the facts and holdings, as well as relevant extracts from the court's decision, stressing the key issues and legal concepts.
  • Notes about the amount of damages granted in a nutshell.
  • The Subject Index makes research simple and quick.

More than 50 new medical negligence cases are included in this updated version, including three recent key Federal Court judgements that significantly advance 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)

TABLE OF CONTENTS of Medical Negligence In Malaysia: Cases and Commentary ,2nd Edition

Part 1: The Development of Medical Negligence Law in Malaysia (1960s–2020)
Part 2: Cases up to 1969
Part 3: Cases from 1970 to 1979
Part 4: Cases from 1980 to 1989
Part 5: Cases from 1990 to 1999
Part 6: Cases from 2000 to 2009
Part 7: Cases from 2010 to 2019
Part 8: Cases from 2020

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