2021
DOI: 10.21834/ebpj.v6i16.2726
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Medical Negligence Dispute Resolution in Malaysia: Time for legal reform

Abstract: As medical negligence has become a public concern today, there is an increasing number of medical negligence claims which commonly settled through litigation. However, numerous problems regarding the practice of litigation have come to light. Hence, the research aims to examine the current medical dispute resolution in Malaysia to find a better solution. The findings show that there are weaknesses and flaws of the existing practice and found that there are other alternative dispute resolutions available and mo… Show more

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“…However, economic losses, pain, suffering and emotional distress could only be compensated in a few compensation schemes [ 61 ]. With the shortcomings of the existing compensation mechanisms in Malaysia such as the strict burden of proof under the CLA 1956 and CPA 1999 [ 57 , [59] , [60] , [61] , [62] , [63] , [64] , [65] ], the time-consuming and high cost of litigation [ 66 ], time limitation [ 67 ], and complicated procedure [ 68 ], establishing a SHCC seems to be a possible solution for the people who are injured by vaccination, including the COVID-19 vaccination.…”
Section: Discussionmentioning
confidence: 99%
“…However, economic losses, pain, suffering and emotional distress could only be compensated in a few compensation schemes [ 61 ]. With the shortcomings of the existing compensation mechanisms in Malaysia such as the strict burden of proof under the CLA 1956 and CPA 1999 [ 57 , [59] , [60] , [61] , [62] , [63] , [64] , [65] ], the time-consuming and high cost of litigation [ 66 ], time limitation [ 67 ], and complicated procedure [ 68 ], establishing a SHCC seems to be a possible solution for the people who are injured by vaccination, including the COVID-19 vaccination.…”
Section: Discussionmentioning
confidence: 99%
“…The secondary legal sources reinforced the data from primary legal sources. Legal journals and articles, books, webpage, news reports and reliable websites and blog sites are gathered to obtain relevant and vital information and a profound understanding of the liability of the business entities due to corrupt acts of the Associated Persons (Azmi et al, 2021). Critical reviews were conducted on the concept of corporate liability, Associated Persons, third party and corporate corruption utilising sources from online databases such as Web of Science (WoS), Scopus, Lexis Nexis, HeinOnline and the Current Law Journal.…”
Section: Methodsmentioning
confidence: 99%