Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?

Medical negligence disputes in Malaysia are mainly resolved through litigation by using the tort system. The tort system,being adversarial in nature has subjected parties to litigation hazards such as delay, excessive costs and uncertainty of outcome. The dissatisfaction of the tort system in compe...

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Main Authors:	Jahn Kassim, Puteri Nemie, Mohd Najid, Khadijah
Format:	Article
Language:	English
Published:	World Academy of Science, Engineering and Technology (W A S E T) 2013
Subjects:	K Law (General) KBP2970 Civil service. Employees of communal agencies
Online Access:	http://irep.iium.edu.my/31974/ http://irep.iium.edu.my/31974/ http://irep.iium.edu.my/31974/1/nemie.pdf

id	iium-31974
recordtype	eprints
spelling	iium-319742014-07-17T04:37:39Z http://irep.iium.edu.my/31974/ Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities? Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah K Law (General) KBP2970 Civil service. Employees of communal agencies Medical negligence disputes in Malaysia are mainly resolved through litigation by using the tort system. The tort system,being adversarial in nature has subjected parties to litigation hazards such as delay, excessive costs and uncertainty of outcome. The dissatisfaction of the tort system in compensating medically injured victims has created various alternatives to litigation. Amongst them is the implementation of a no-fault compensation system which would allow compensation to be given without the need of proving fault on the medical personnel. Instead, the community now bears the burden of compensating and at the end, promotes collective responsibility. For Malaysia, introducing a no-fault system would provide a tempting solution and may ultimately, achieve justice for the medical injured victims. Nevertheless, such drastic change requires a great deal of consideration to determine the suitability of the system and whether or not it will eventually cater for the needs of the Malaysian population. World Academy of Science, Engineering and Technology (W A S E T) 2013 Article PeerReviewed application/pdf en http://irep.iium.edu.my/31974/1/nemie.pdf Jahn Kassim, Puteri Nemie and Mohd Najid, Khadijah (2013) Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities? International Journal of Social, Management, Economics and Management Engineering, 7 (6). pp. 742-750. ISSN 1307-6884 http://waset.org/publications/3517/medical-negligence-disputes-in-malaysia-resolving-through-hazards-of-litigation-or-through-community-responsibilities-
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP2970 Civil service. Employees of communal agencies
spellingShingle	K Law (General) KBP2970 Civil service. Employees of communal agencies Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?
description	Medical negligence disputes in Malaysia are mainly resolved through litigation by using the tort system. The tort system,being adversarial in nature has subjected parties to litigation hazards such as delay, excessive costs and uncertainty of outcome. The dissatisfaction of the tort system in compensating medically injured victims has created various alternatives to litigation. Amongst them is the implementation of a no-fault compensation system which would allow compensation to be given without the need of proving fault on the medical personnel. Instead, the community now bears the burden of compensating and at the end, promotes collective responsibility. For Malaysia, introducing a no-fault system would provide a tempting solution and may ultimately, achieve justice for the medical injured victims. Nevertheless, such drastic change requires a great deal of consideration to determine the suitability of the system and whether or not it will eventually cater for the needs of the Malaysian population.
format	Article
author	Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah
author_facet	Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah
author_sort	Jahn Kassim, Puteri Nemie
title	Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?
title_short	Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?
title_full	Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?
title_fullStr	Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?
title_full_unstemmed	Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?
title_sort	medical negligence disputes in malaysia: resolving through hazards of litigation or through community responsibilities?
publisher	World Academy of Science, Engineering and Technology (W A S E T)
publishDate	2013
url	http://irep.iium.edu.my/31974/ http://irep.iium.edu.my/31974/ http://irep.iium.edu.my/31974/1/nemie.pdf
first_indexed	2023-09-18T20:46:08Z
last_indexed	2023-09-18T20:46:08Z
_version_	1777409687431413760

Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?

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