Importance Of Medical Negligence

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Doctors are specialist with skills and are bound to exercise a standard of care that is required by a professional. Based on Hippocratic Oath, doctors always treat their patients with the best treatment and also preserve patient’s privacy. However, professionals that are in the medical line are being increasingly sued for negligence. On 29th December 2006, the test for medical negligence had been accepted by the Courts in Malaysia . It was generally known as the Bolam Test. This principle was derived from the case of Bolam v Friern Hospital Management Committee . Justice McNair stated that if the doctor is acting in accordance with the skills or practices that are accepted by a body or responsible medical men that are skilled in that particular art, the doctor will not be considered as negligent, merely because it is a body of such opinion that takes a contrary view . He had further described that the word “negligence” involves professional skills. The Bolam Test covers: 1. Provide and disclose information, or warn patient on material risks (informed consent) which relates to the proposed of medical action, and 2. Identify illness and provide treatment. In general, this test was applied to determine the standard of care in doctors in relation to the treatment and information given to their patient. Besides Bolam test, Roger v Whitaker provides another test for the medical profession in the aspect of providing information. Based on this case, the application of Bolam
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