Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

Tort compensation system has been known as inefficient system for delivering compensation as well as non-legal remedy such as explanation and apology. Essentially, the system is costly and lengthy as there is considerable delay between the accident and its compensation, and also it is inequitable and unfair between injured patients. There are some serious obstacles to sue doctors because of the difficulty in obtaining expert evidence. Thus, only few injured patients get compensation. This paper aims to examine the health court as a substitute for the present tort litigation system and explore its merits for solving medical negligence claims. The employed methodology for doing this research is a library one.

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