Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation

Initiating legal actions against public authorities and private entities for personal injuries suffered during medical misadventures needs to be done within a specified period of time or else the action will be time barred. The rationale for imposing periods of limitation on such actions is, among...

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Main Authors:	Rosli, Muhammad Noor Firdaus, Jahn Kassim, Puteri Nemie
Format:	Article
Language:	English
Published:	Lexis Nexis 2019
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/74535/ http://irep.iium.edu.my/74535/7/74535%20Legal%20actions%20against%20public%20authorities%20and%20private%20entities.pdf

id	iium-74535
recordtype	eprints
spelling	iium-745352019-10-15T07:46:14Z http://irep.iium.edu.my/74535/ Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation Rosli, Muhammad Noor Firdaus Jahn Kassim, Puteri Nemie K Law (General) Initiating legal actions against public authorities and private entities for personal injuries suffered during medical misadventures needs to be done within a specified period of time or else the action will be time barred. The rationale for imposing periods of limitation on such actions is, among others, to prevent stale claims and to encourage potential claims to be brought without unreasonable delay. In Malaysia, the period of limitation against public authorities is three years whereas for private entities, is six years for Peninsular Malaysia and three years for Sabah and Sarawak. The discrepancies between these periods have caused dissatisfaction and confusion amongst relevant stakeholders. In addition, legislations governing these limitation periods do not have provisions addressing issues relating to latent injuries which are considered crucial for medical negligence cases as injuries are only discernible when clear symptoms arise and come to the knowledge of the victims. In many instances, by the time they have knowledge that the injuries are attributable to the negligent acts; their actions may have already been time-barred. Several jurisdictions such as United Kingdom and Canada have introduced legislative changes to cater for issues arising under latent injuries specifically for medical negligence cases. These changes can provide valuable lessons for Malaysia in reforming the same and this would eventually uphold justice and fairness for victims of medical misadventures. Lexis Nexis 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/74535/7/74535%20Legal%20actions%20against%20public%20authorities%20and%20private%20entities.pdf Rosli, Muhammad Noor Firdaus and Jahn Kassim, Puteri Nemie (2019) Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation. Malayan Law Journal, 2019 (4). liii-lxxii. ISSN 0025-1283
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)
spellingShingle	K Law (General) Rosli, Muhammad Noor Firdaus Jahn Kassim, Puteri Nemie Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
description	Initiating legal actions against public authorities and private entities for personal injuries suffered during medical misadventures needs to be done within a specified period of time or else the action will be time barred. The rationale for imposing periods of limitation on such actions is, among others, to prevent stale claims and to encourage potential claims to be brought without unreasonable delay. In Malaysia, the period of limitation against public authorities is three years whereas for private entities, is six years for Peninsular Malaysia and three years for Sabah and Sarawak. The discrepancies between these periods have caused dissatisfaction and confusion amongst relevant stakeholders. In addition, legislations governing these limitation periods do not have provisions addressing issues relating to latent injuries which are considered crucial for medical negligence cases as injuries are only discernible when clear symptoms arise and come to the knowledge of the victims. In many instances, by the time they have knowledge that the injuries are attributable to the negligent acts; their actions may have already been time-barred. Several jurisdictions such as United Kingdom and Canada have introduced legislative changes to cater for issues arising under latent injuries specifically for medical negligence cases. These changes can provide valuable lessons for Malaysia in reforming the same and this would eventually uphold justice and fairness for victims of medical misadventures.
format	Article
author	Rosli, Muhammad Noor Firdaus Jahn Kassim, Puteri Nemie
author_facet	Rosli, Muhammad Noor Firdaus Jahn Kassim, Puteri Nemie
author_sort	Rosli, Muhammad Noor Firdaus
title	Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
title_short	Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
title_full	Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
title_fullStr	Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
title_full_unstemmed	Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
title_sort	legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation
publisher	Lexis Nexis
publishDate	2019
url	http://irep.iium.edu.my/74535/ http://irep.iium.edu.my/74535/7/74535%20Legal%20actions%20against%20public%20authorities%20and%20private%20entities.pdf
first_indexed	2023-09-18T21:45:31Z
last_indexed	2023-09-18T21:45:31Z
_version_	1777413423093514240

Legal actions against public authorities and private entities for medical misadventures: rethinking the periods of limitation

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