Medical Negligence In Malaysia Essay

705 words - 3 pages

NICHOLAS NAVARONMedical Negligence : THE THREE DUTIES OF A DOCTORDUTY TO DIAGNOSEInderjeet Singh a/l Piara Singh v Mazlan bin Jasman * OrsDoctors involved failed to carry out the necessary test before giving treatment. As a result, a wrong diagnosis was made despite clear symptoms of urethra injuries. The victim of the road accident who was misdiagnosed had a severe infection at his urethra following the failure of the doctors to carry out a urethrogram test or cystoscopy test.Held : Following Bolam principle, the incorrect diagnosis and treatment had caused and attributed substantially to the plaintiff's injuriesChin Keow v Government of MalaysiaThe doctor did not inquire on the medical history of the patient. After administering penicillin to the patient, the patient (an amah) died an hour after Held : The medical record clearly stated that the patient was allergic to penicillin. A doctor should not be too influenced with the patient's self-diagnosis as the doctor is in a better position to make an accurate diagnosisDUTY TO TREATKow Nan Seng v Nagamah & OrsThe doctor applied a complete plaster cast on to the leg of the plaintiff. This resulted in insufficient blood circulation which led to gangrene to set in. Later, the patient's leg had to be amputated.Held: Applying Bolam principle, the doctor was not liable because there exist two medical opinions at that time; the use of a complete plaster cast and the use of plaster slab. Since what the doctor did fell into one of the practices/medical opinions, the doctor was not liable.Asiah bte Kamsah v Dr Rajinder Singh & OrsThe plaintiff underwent a lower section caesarean operation due to suspicion of fetus distress. She suffered permanent irreversible brain damage. The doctor was held liable because administering anaesthesia to a pregnant woman is not acceptable and proper according to the medical judgement. Applying Bolam principle, the doctor had not conducted himself in accordance to the standard provided.DUTY TO WARN/INFORM RISK/BENEFIT OF ANY TREATMENTMalaysia initially followed Bolam principleLiew Sin Kiong v...

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