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Imposing the duty of candour on Malaysian healthcare organisations: analysing the medico-legal consequences

Saleh, Muhammad Ridhwan and Jahn Kassim, Puteri Nemie and Mohamed, Duryana and Abd. Manaf, Noor Hazilah (2018) Imposing the duty of candour on Malaysian healthcare organisations: analysing the medico-legal consequences. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished)

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Abstract

The Duty of Candour requires healthcare providers to be open, honest and transparent with patients and their families when the treatment given results in an adverse outcome. Being open include the offering of explanation, apology and remedial actions. Although openness, transparency and candour are positive attributes for all healthcare organisations striving towards enhancing patient safety and professional discipline, fear of litigation is the main barrier for the implementation of such duty within the organisation. Thus, in reaping the benefits of the duty of candour, it is imperative that the content of the duty is developed within a statutory regime. This will enable provisions relating to the scope of the duty, the triggering circumstances, relevant requirements, legal protection and implications are being clearly spelt out. The introduction of the statutory duty of candour by some jurisdictions has encouraged openness in the reporting of adverse events and has also effectively managed the aftermath of clinical accidents. Embracing a learning culture by reporting adverse incidents can allow lessons to be learnt quickly and consequently, patients can be protected from future harm. However, to meet the requirements of the statutory duty of candour, engagement at all levels within the health care organisations need to be present in areas involving disclosure, reporting, reviewing and learning. Nonetheless, the imposition of the statutory duty of candour on healthcare organisations, particularly, in Malaysia, will act as catalyst for them to improve their systems, enhance patient safety initiatives as well as secure the culture of openness within the organisation.

Item Type: Conference or Workshop Item (Slide Presentation)
Additional Information: 1830/63958
Uncontrolled Keywords: Duty of Candour; Healthcare Organisation; Medical Practitioner; Medico-Legal; Patient Safety
Subjects: K Law > K Law (General)
K Law > KPG Malaysia
R Medicine > R Medicine (General)
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Kulliyyah of Economics and Management Sciences
Kulliyyah of Economics and Management Sciences > Department of Business Administration
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Centre for Foundation Studies
Depositing User: Professor Dr Puteri Nemie Jahn Kassim
Date Deposited: 07 Jun 2018 08:40
Last Modified: 27 Nov 2018 16:04
URI: http://irep.iium.edu.my/id/eprint/63958

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