Medical Negligence Claims in Malaysia Maizatul Farisah Mohd Mokhtar ABSTRACT Medical records are one of the most essential documents for a plaintiff in medical negligence claims if the plaintiff is the patient. It remains unclear as to whether the Malaysian courts will apply section 6A to negligence cases that do not involve latent defects in construction cases. Negligence Duty Of Care Cases EXISTENCE OF A DUTY Donoghue v Stevenson  AC 562, HL. The paper contemplates advocate’s defence of immunity against negligence action especially when the “negligence” arose due to conduct of the advocate in court. Footnote: 1- The Standard of Care in Medical Negligence cases in Malaysia – is there a diminution of judicial supervision by adopting the “Bolam Test”? Negligence in Malaysia. 6, No. In this case, a plaintiff was injured due to the sudden collapse of a wheel in his new Buick vehicle. This popular negligence case established the legal doctrine of the general duty of care that manufacturers owe to members of the public. – K.Kuldeep Singh (2002) 3 MLJ cxi 2- The law of Medical Negligence: where does it stand post Foo Fion Na? In Murphy Lord Oliver explained that economic loss would not be recoverable in negligence where the loss was too Negligent act 141 (a) The development in Malaysia 147 (b) The current law 153 Chapter Seven Negligence: Breach of Duty 157 A. However, in cases of economic loss, damages were generally irrecoverable in tort against a professional unless the claim could be brought within the concept of negligent misstatement set out in Hedley Byrne v Heller & Partners9. An Alabama family has made recent headlines after being awarded $16 million in a medical negligence lawsuit against an Alabama hospital. Medical records are used for ‘discovery’ in preliminary proceeding to establish the case … “The fire occurred due to negligence and / or contributory negligence and neglect of the defendants in the management, operation, and maintenance of the safety of the facilities and building of Hospital Sultanah Aminah Johor Baru where the deceased was receiving treatment,” read the plaintiffs’ statement of claim as sighted by CodeBlue. (d) The position in Malaysia 134 (e) The current approach 138 2. In ‘A Review of Medical Malpractice Issues in Malaysia under Tort Litigation System’ by Siti Naaishah Hambali & Solmaz Khodapanahandeh, Global Journal of Health Science; Vol. Likewise, in Blakemores LDP (in administration) v Scott and others  EWCA Civ 999, the English Court of Appeal applied section 14A in a professional negligence claim against solicitors. Comparison is made between application of the defence of immunity in the Malaysian perspective as well as in the United Kingdom. Case law between 1980 to date was chosen to make sure that the principle of negligence use is up to date. In any negligence action, the essential ingredients that should be present are firstly, a duty of care exists wherein there must be a wrongful and unauthorized act or omission by the Defendant and secondly, the act/omission in question affected the interests or rights of others. For the purpose of this study ten case law of negligence from United Kingdom, Malaysia and Singapore has been carefully chosen for the analysis. The 'reasonable man' test 157 1. In a traumatic example of the devastating effects of medical negligence, this story is just one of many highlighting the unfortunate reality of negligent healthcare. Negligence law emanates from the law of tort. Flexibility in the meaning of 'reasonableness' 157 Reasonableness and things naturally dangerous 158 2. cases, an individual may suffer loss.