Medical negligence claims
Naidu Chambers | Bangsar, Kuala Lumpur
Naidu Chambers, in Bangsar, Kuala Lumpur, acts for patients and their families in claims against private hospitals, government hospitals, doctors and other healthcare providers in Peninsular Malaysia.
The firm advises patients and families on whether they have a claim, and pursues it where appropriate.
The firm acts in claims involving:
- Surgery and anaesthesia
- Failure to diagnose, or late diagnosis
- Injuries during pregnancy and childbirth, to mother or baby
- Medication errors
- Failures of hospital systems, staffing, monitoring and aftercare
- Failure to explain the material risks of treatment before consent
How a claim is usually run
The firm obtains and reviews the medical records, asks an independent doctor in the relevant field to review the treatment, advises the client on whether there is a claim and what it involves, and then pursues negotiation or court proceedings.
Clients outside Kuala Lumpur
The firm's only office is in Bangsar, Kuala Lumpur. It acts for clients across the Klang Valley and in Seremban, Ipoh and Melaka. See Kuala Lumpur, Petaling Jaya and Shah Alam.
Contacting the firm
To make an enquiry, send a short note with your name, the other party or parties involved (so the firm can check for any conflict of interest), a brief description of what has happened, and any dates or deadlines you know of. Please do not send detailed confidential documents until the firm has confirmed it can act. Every enquiry receives a reply.
Send a confidential enquiry Call +60 3-2779 5017Frequently asked questions
What must I prove in a medical negligence claim in Malaysia?
Four things: that the doctor or hospital owed you a duty of care; that they fell below the standard of care expected; that this failure caused your injury or loss; and the losses that resulted. Proving these usually requires your medical records and the written opinion of an independent doctor in the relevant field. Naidu Chambers in Bangsar, Kuala Lumpur acts for patients and families in medical negligence claims in Peninsular Malaysia.
How do Malaysian courts decide whether a doctor was negligent?
For diagnosis and treatment, Malaysian courts generally ask whether the doctor acted in a way accepted as proper by a responsible body of medical opinion (the Bolam test), provided that opinion stands up to logical analysis. For advice about the risks of treatment, the Federal Court in Foo Fio Na v Dr Soo Fook Mun (2007) held that the court itself decides whether the patient was properly told of the material risks, following the Australian case Rogers v Whitaker. How these tests apply depends on the facts, and a lawyer will advise on your situation.
Can I sue a government hospital in Malaysia?
Yes. Claims against government hospitals and doctors are brought against the Government under the Government Proceedings Act 1956. The Public Authorities Protection Act 1948 sets a shorter time limit and other requirements for claims against public authorities, so early advice is especially important for these claims.
How long do I have to bring a medical negligence claim?
There are strict time limits under the Limitation Act 1953, and claims against government hospitals and other public authorities are subject to shorter limits and notice requirements under the Public Authorities Protection Act 1948. When time starts to run can depend on when the injury happened or was discovered, and different rules can apply to claims for children. Because a missed time limit can end a claim, a lawyer should confirm the time limit for your situation as early as possible.
How do I get my medical records?
Patients are generally entitled to ask the hospital or clinic for copies of their medical records and reports, usually by written request; the hospital may require a form and identification. Where records are not provided, the court can order disclosure.
Can a family claim if a patient has died?
Yes. Under the Civil Law Act 1956, certain family members who depended on the deceased may claim for loss of support, and the deceased's estate may bring the claim the deceased would have had. Specific rules limit who may claim and what may be claimed, and a lawyer will confirm the position for your family.