Informed consent in Malaysia: bridging the gap between law and medical practice

The law relating to informed consent in Malaysia has developed significantly since the abandonment of the Bolam principle by the Federal Court of Malaysia in 2007, which marked the shift away from professional dominance towards recognition of individual autonomy in the area of medical decision-makin...

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Main Author:	Jahn Kassim, Puteri Nemie
Format:	Conference or Workshop Item
Language:	English English
Published:	2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/42791/ http://irep.iium.edu.my/42791/1/QUT_Invitation.pdf http://irep.iium.edu.my/42791/2/QUT_Informed_Consent.pdf

id	iium-42791
recordtype	eprints
spelling	iium-427912015-05-25T03:58:09Z http://irep.iium.edu.my/42791/ Informed consent in Malaysia: bridging the gap between law and medical practice Jahn Kassim, Puteri Nemie K Law (General) The law relating to informed consent in Malaysia has developed significantly since the abandonment of the Bolam principle by the Federal Court of Malaysia in 2007, which marked the shift away from professional dominance towards recognition of individual autonomy in the area of medical decision-making. The adoption of the “reasonable prudent patient test” by the Federal Court in determining the material risks which the doctor needs to disclose has made circumstances surrounding the patient of utmost importance thereby thrusting the respect for patient autonomy into a more dominated ideology. The subsequent development of judicial cases on informed consent since 2007 has also shown the reinforcement of patient autonomy and the right of self-determination. Although the decision by the Federal Court marked the change in the legal jurisprudential landscape in Malaysia, it has also created gaps in medical practice. Generalised consent forms are no longer adequate without specifically detailing the risks discussed with the patient prior to consent being granted and there is still uncertainty in the practice of informed consent. Factors such as complexity of communication in clinical encounters involving language barriers, advancing medical technology and changing relationship between doctor and patient have undermined informed consent processes. Informed consent should not be understood as being just a theoretical principle but an arduous process covering a spectrum of structural realities and cultural perspectives. Future efforts need to ensure informed consent involve collaborative processes that promotes autonomy, freedom and choice 2015-03-25 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/42791/1/QUT_Invitation.pdf application/pdf en http://irep.iium.edu.my/42791/2/QUT_Informed_Consent.pdf Jahn Kassim, Puteri Nemie (2015) Informed consent in Malaysia: bridging the gap between law and medical practice. In: Australian Centre for Health Law Research, 25th March 2015, Faculty of Law, Queensland University of Technology, Brisbane, Australia. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie Informed consent in Malaysia: bridging the gap between law and medical practice
description	The law relating to informed consent in Malaysia has developed significantly since the abandonment of the Bolam principle by the Federal Court of Malaysia in 2007, which marked the shift away from professional dominance towards recognition of individual autonomy in the area of medical decision-making. The adoption of the “reasonable prudent patient test” by the Federal Court in determining the material risks which the doctor needs to disclose has made circumstances surrounding the patient of utmost importance thereby thrusting the respect for patient autonomy into a more dominated ideology. The subsequent development of judicial cases on informed consent since 2007 has also shown the reinforcement of patient autonomy and the right of self-determination. Although the decision by the Federal Court marked the change in the legal jurisprudential landscape in Malaysia, it has also created gaps in medical practice. Generalised consent forms are no longer adequate without specifically detailing the risks discussed with the patient prior to consent being granted and there is still uncertainty in the practice of informed consent. Factors such as complexity of communication in clinical encounters involving language barriers, advancing medical technology and changing relationship between doctor and patient have undermined informed consent processes. Informed consent should not be understood as being just a theoretical principle but an arduous process covering a spectrum of structural realities and cultural perspectives. Future efforts need to ensure informed consent involve collaborative processes that promotes autonomy, freedom and choice
format	Conference or Workshop Item
author	Jahn Kassim, Puteri Nemie
author_facet	Jahn Kassim, Puteri Nemie
author_sort	Jahn Kassim, Puteri Nemie
title	Informed consent in Malaysia: bridging the gap between law and medical practice
title_short	Informed consent in Malaysia: bridging the gap between law and medical practice
title_full	Informed consent in Malaysia: bridging the gap between law and medical practice
title_fullStr	Informed consent in Malaysia: bridging the gap between law and medical practice
title_full_unstemmed	Informed consent in Malaysia: bridging the gap between law and medical practice
title_sort	informed consent in malaysia: bridging the gap between law and medical practice
publishDate	2015
url	http://irep.iium.edu.my/42791/ http://irep.iium.edu.my/42791/1/QUT_Invitation.pdf http://irep.iium.edu.my/42791/2/QUT_Informed_Consent.pdf
first_indexed	2023-09-18T21:00:59Z
last_indexed	2023-09-18T21:00:59Z
_version_	1777410621676978176

Informed consent in Malaysia: bridging the gap between law and medical practice

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