Jahn Kassim, Puteri Nemie
(2021)
Preserving mental health and well-being amidst a litigious society: the way forward for Muslim
medical professionals.
Malaysian Journal of Medicine and Health Sciences, 17 (5).
p. 84.
E-ISSN 2636-9346
Abstract
The growing number of litigated medical negligence cases in Malaysian has put tremendous pressure on the medical
profession. As patient autonomy is given more credence in the Malaysian judicial decisions, patients are more and
more victorious in procuring a high amount of monetary compensation in the litigated cases. This phenomenon has
caused the medical profession to fear for the loss of livelihood, their damaged reputation, and magnifying feelings of
negativity, anger, self-reproach, anxiety, depression, and isolation. The threat of future litigation has also caused the
practice of defensive medicine amongst the medical professionals and slowly destroying their cordial relationship
with their patients by introducing confrontational elements between them. Hence, in preserving their mental health
and well-being amidst the hazards of court litigation, Muslim medical professionals need to get a proper insight and
understanding of the Islamic Medical Ethics which foundation is based upon the primary sources of the Shari’ah,
namely, the Holy Quran and the Sunnah of the Prophet Muhammad PBUH. Understanding and applying the salient
principles inherent in the Islamic ethical theory will enable the Muslim medical professionals to provide a much
more sensitive and satisfying healthcare delivery towards their patients and ultimately defuse the spur of litigation
amongst members of the society.
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