Medical Negligence in Malaysia: Cases and Commentary, Second Edition (Student Edition)

Dr Puteri Nemie Jahn Kassim is a Professor at the Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. She obtained her LLB (with Honours) degree from the University of Southampton, England and completed her postgraduate studies (Masters of Comparative Laws and Doctor of Philosophy in Law) at the International Islamic University Malaysia.

She is currently teaching Law of Torts and Medical Law at undergraduate level and Medical Negligence Law at the postgraduate level. Her other published books which include Nursing Law and Ethics, Medical Negligence Law in Malaysia and Law and Ethics Relating to the Medical Profession. She has also edited a book entitled Issues in Medical Law and Ethics. Puteri Nemie is a prolific writer of articles and a regular presenter at seminars and conferences locally as well as internationally. 

The First Edition, published in 2009, was the first book containing cases and commentaries of medical negligence in Malaysia, comprising the case law from 1950s to 2009. This Second Edition of the book continues to be the lead reference on medical negligence case law in Malaysia, providing a useful compilation of local medical negligence cases with additional updates of cases from 2010 to 2020.

Each case is accompanied with the summary case facts and holdings, relevant excerpts of the court’s decision, a concise note on the quantum of damages awarded, and illuminating notes, providing a good understanding of the current developments of medical negligence law in Malaysia. The key subject terms which precede each case will also provide a quick guide to its scope and content.

The introductory chapter has been revamped to give an updated overview of the development of medical negligence law in Malaysia up to the year 2020, discussing key issues in the area, including the Bolam principle, the Bolitho qualifications, and the Rogers v Whitaker test.

Written by a professor of law whose areas of expertise include the subject of negligence and medical law, this book will be useful for medical professionals, lawyers, judges, hospital administrators, insurers as well as law students.

KEY FEATURES:

• Additional medical negligence case law from 2010 to 2020
• Comprehensive commentary that discusses the development of medical negligence law from the 1960s up 2020
• Analysis of cases with summary of facts and holdings, accompanied by key excerpts of the court’s judgment, highlighting the key issues and legal principles
• Concise notes on the quantum of damages awarded
• Subject Index facilitates easy and quick research

This updated edition contains more than 50 new medical negligence cases including three recent major Federal Court rulings which significantly develop 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)
   

CONTENTS:

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