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 been discovered. Hence, the research aims to examine the current medical dispute resolution in Malaysia to find a better solution for it. The findings show that there are weaknesses of the existing practice and found that mediation as an alternative dispute resolution is available and more suitable. Thus, the research provides the grounds for legal reform and recommendations for improvement of Malaysia’s medical negligence dispute resolution framework.

Keywords: medical negligence; dispute resolutions; Malaysia

eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

DOI: https://doi.org/10.21834/ebpj.v6i16.2726