medical negligence Archives

29 March 2024

Opinion

Private Hospitals Also Liable For Medical Negligence (Part III): Statutory Framework Of Duty Of Care

Dr Milton Lum explains how and why private hospitals have a statutory duty of care.

22 March 2024

Opinion

Private Hospitals Also Liable For Medical Negligence (Part II): Non-Delegable Duty Of Care In Common Law

Dr Milton Lum explains the principle of "non-delegable duty of care" that the Federal Court applied to Columbia Asia in holding the private hospital liable for medical negligence and rejecting its defence of doctors being "independent contractors".

19 March 2024

Malaysia

Anaesthesiologists, Intensivists Fear Accepting Complex Cases After Landmark Columbia Asia Negligence Ruling

The Malaysian Society of Anaesthesiologists, College of Anaesthesiologists, and Malaysian Society of Intensive Care say the landmark ruling on Columbia Asia negligence case may lead to higher referrals of complex cases to an overworked public health care system.

18 March 2024

Malaysia

APHM: ‘Ripple Effects’ From Columbia Asia Medical Negligence Ruling May End Up Hurting Patients

Besides higher costs from indemnity insurance after the landmark Federal Court ruling on Columbia Asia's negligence case, APHM warns of a potential decline in Malaysia's private health care, with less choices for patients as complex cases may get rejected.

15 March 2024

Malaysia

‘Seismic’ Federal Court Ruling May Cut Specialised, Experimental Treatment Options: Galen Centre

The Galen Centre says the "seismic event" of a recent Federal Court ruling on a medical negligence case involving a private hospital will likely discourage informed risk taking in medicine and narrow options for specialised care or experimental treatments.

14 March 2024

Malaysia

In Columbia Asia Case, Hospital And Doctor Equally Liable For Full Award, But Hospital Can’t Pursue Indemnity Against Doctor

The patient's lawyer in the Columbia Asia medical negligence case says both the hospital and doctor are equally liable for the RM4.5mil award of damages, but the hospital can't seek indemnity against the anaesthetist. Her indemnity insurance is only RM1mil.

13 March 2024

Malaysia

Fomca Moots Alternative Dispute Resolution Mechanism For Medical Negligence

Consumers' group Fomca moots an alternative dispute resolution (ADR) mechanism to manage medical negligence complaints without having to resort to litigation, welcoming the Federal Court landmark ruling. "Hospitals must be held accountable for negligence."

13 March 2024

Opinion

Private Hospitals Also Liable For Medical Negligence: Federal Court Ruling Analysis (Part I)

Dr Milton Lum says the anaesthetist held liable for medical negligence in Siow Ching Yee v Columbia Asia Sdn Bhd had indemnity coverage of RM1 million, hence the patient's appeal to the Federal Court against the private hospital alone that he recently won.

11 March 2024

Malaysia

Doctors’ Group Expects Higher Medical Indemnity Insurance Premiums After Landmark Court Ruling

FPMPAM expects a hike in doctors' professional indemnity insurance premiums that will raise the cost of practising medicine after a landmark Federal Court ruling on medical negligence. "We are clearly headed for a US style defensive practice of medicine."

7 March 2024

Malaysia

In Landmark Ruling, Federal Court Holds Private Hospital Liable For Medical Negligence, Rejects Defence Of Doctors Being ‘Independent Contractors’

In a landmark verdict on the case of a patient who sued Columbia Asia after suffering permanent mental and physical disability from brain damage, the Federal Court ruled that the private hospital is "liable personally" for the anaesthetist's negligence.

Tag: medical negligence

Private Hospitals Also Liable For Medical Negligence (Part III): Statutory Framework Of Duty Of Care

Private Hospitals Also Liable For Medical Negligence (Part II): Non-Delegable Duty Of Care In Common Law

Anaesthesiologists, Intensivists Fear Accepting Complex Cases After Landmark Columbia Asia Negligence Ruling

APHM: ‘Ripple Effects’ From Columbia Asia Medical Negligence Ruling May End Up Hurting Patients

‘Seismic’ Federal Court Ruling May Cut Specialised, Experimental Treatment Options: Galen Centre

In Columbia Asia Case, Hospital And Doctor Equally Liable For Full Award, But Hospital Can’t Pursue Indemnity Against Doctor

Fomca Moots Alternative Dispute Resolution Mechanism For Medical Negligence

Private Hospitals Also Liable For Medical Negligence: Federal Court Ruling Analysis (Part I)

Doctors’ Group Expects Higher Medical Indemnity Insurance Premiums After Landmark Court Ruling

In Landmark Ruling, Federal Court Holds Private Hospital Liable For Medical Negligence, Rejects Defence Of Doctors Being ‘Independent Contractors’

Taiping Hospital Medical Officers Drowning Under Cluster Expansions, Zero Housemen — Medical Officer

FDS Helicopter Crash Sparks Anger: Indemnity Form, RM30 Allowance

Taiping Hospital’s Emergency Department Is Also Drowning — Medical Officer

Hartal Demands FDS Suspension, MNU Wants Memorial For Crash Victims

Long Lellang Tragedy Triggers Calls For Dzulkefly’s Resignation