PETALING JAYA: The Federal Court’s decision to hold a private hospital liable for medical negligence could lead to ripple effects in the industry, including the rise of “defensive medicine”, says the Association of Private Hospitals Malaysia .
“This ruling hints at a broader recalibration within the medical field, potentially steering practitioners towards a more cautious approach in their practices, but a nuanced consequence might be the rise of a ‘defensive mechanism’. On Feb 23, the apex court held that Columbia Asia Sdn Bhd and an anaesthetist were jointly liable for medical negligence after a company’s former managing director suffered severe brain damage in 2010.Both parties were liable to pay about RM4 million in damages to the patient, Siow Ching Yee.
“Beyond the possibility of increased ‘defensive medicine’, hospitals are likely to increase their medical indemnity insurance, and the patient will ultimately bear the costs,” he said.
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