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Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities?

Jahn Kassim, Puteri Nemie and Mohd Najid, Khadijah (2013) Medical negligence disputes in Malaysia: resolving through hazards of litigation or through community responsibilities? International Journal of Social, Management, Economics and Management Engineering, 7 (6). pp. 742-750. ISSN 1307-6884

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Abstract

Medical negligence disputes in Malaysia are mainly resolved through litigation by using the tort system. The tort system,being adversarial in nature has subjected parties to litigation hazards such as delay, excessive costs and uncertainty of outcome. The dissatisfaction of the tort system in compensating medically injured victims has created various alternatives to litigation. Amongst them is the implementation of a no-fault compensation system which would allow compensation to be given without the need of proving fault on the medical personnel. Instead, the community now bears the burden of compensating and at the end, promotes collective responsibility. For Malaysia, introducing a no-fault system would provide a tempting solution and may ultimately, achieve justice for the medical injured victims. Nevertheless, such drastic change requires a great deal of consideration to determine the suitability of the system and whether or not it will eventually cater for the needs of the Malaysian population.

Item Type: Article (Journal)
Additional Information: 1830/31974
Uncontrolled Keywords: Medical Disputes, Litigation, Malaysia, No-Fault Compensation.
Subjects: K Law > K Law (General)
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP2970 Civil service. Employees of communal agencies
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Nor Fathiah Jumiran (Part Time)
Date Deposited: 17 Jul 2014 04:17
Last Modified: 17 Jul 2014 04:37
URI: http://irep.iium.edu.my/id/eprint/31974

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