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  1. Fulltext Medico-legal aspects of anaesthesia practice
    Krishna SR
    Med J Malaysia, 1991 Dec;46(4):320-8.
    PMID: 1840439
    The public especially in West Malaysia are becoming more aware of their rights and litigations are on the increase. Fortunately in East Malaysia there are fewer cases. The legal aspects of anaesthesia practice are very much on the lines of British system. Here the cause for compensation or legal action depends on the proof of negligence. Currently in West Malaysia all anaesthetics are being given by medical practitioners. In East Malaysia the anaesthetics are being given mainly by Medical Assistant's who have been trained for about six months to give anaesthesia in all government hospitals. There are guidelines on minimum standard of safety for patients undergoing general anaesthesia, though this is not as elaborate as those in Western countries.
    Matched MeSH terms: Malpractice*
  2. Fulltext Medical negligence suits: risk management
    Elango S
    Med J Malaysia, 2003 Oct;58(4):625-31.
    PMID: 15190644
    Medical negligence suits have become an issue of concern for doctors as well as for the health service departments. The main objectives of medical malpractice law are to compensate patients who are injured by negligence and to improve the quality of medical care. The amount of money and time spent on these cases may not be an effective allocation of social resources to minimize patient safety. Though physicians generally win more malpractice suits, much time and money are spent and results in much stress to those concerned. There are certain controllable events in practice that render a physician more or less vulnerable to malpractice claims. Attempts by physicians to understand and prevent unwanted situations that can lead to litigation is important. The risk factors for medical negligence suits are discussed. The practice of good medicine will be the best form of risk management.
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  3. The legal dimensions of medical negligence
    Radhakrishnan S
    Med J Malaysia, 2003 Mar;58 Suppl A:61-7.
    PMID: 14556351
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  4. Medicine beyond borders: the legal and ethical challenges
    Kassim PN
    Med Law, 2009 Sep;28(3):439-50.
    PMID: 20157960
    The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.
    Matched MeSH terms: Malpractice/legislation & jurisprudence
  5. The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia
    Kassim PN
    Med Law, 2008 Jun;27(2):307-24.
    PMID: 18693483
    The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  6. Fulltext RISK ASSESSMENT AND MITIGATION FOR BETTER SAFETY: CASE STUDY OF KEMAMAN PORT
    MOHAMAD IKHRAM BIN MOHAMAD RAUZILAN, MOHAMMED ISMAIL RUSSTAM SUHRAB
    UMT Journal of Undergraduate Research, 2021;3(2):69-76.
    MyJurnal
    The increase in awareness and responsibilities among stakeholders in a port environment has made safety evaluation an operational priority. Operating a port is a high-risk activity with underlying potential for accidents and loss of lives, besides causing massive property and environmental damage. Kemaman Port has multiple operations and handles volatile chemicals that may lead to disaster if an accident were to occur due to negligence. Therefore, the safety tools at the port have to suit a terminal specialized in handling liquid chemicals. To determine risk level at the port, assessment may be conducted using the hazard identification method (HAZID) to determine the hazards and risk matrix. The “As low as reasonably practicable” (ALARP) principle should be adhered to in determining which risk is tolerable or intolerable. In this study, the hazard and risk data at Kemaman Port were obtained through literature review and engagements with experts. As a result, eight main hazards were identified and the risk matrix was used to find the highest frequency and consequences of the hazards, besides the risk probability during operations. The overall results may demonstrate a significant improvement to the safety of port operations.
    Matched MeSH terms: Malpractice
  7. Fulltext A review of medical malpractice issues in Malaysia under tort litigation system
    Hambali SN, Khodapanahandeh S
    Glob J Health Sci, 2014 Jul;6(4):76-83.
    PMID: 24999124 DOI: 10.5539/gjhs.v6n4p76
    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.
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  8. Cross-border issues in the development of medical tourism in Malaysia: legal challenges and opportunities
    Nemie P, Kassim J
    J Law Med, 2009 Aug;17(1):59-73.
    PMID: 19771987
    Strategically located at the crossroads of Asia, Malaysia has become one of the key players in the fast-growing and lucrative market for health care services in Asia. Medical travel across international boundaries has been made possible through affordable airfares and the favourable exchange rates of the Malaysian ringgit has contributed to the rise of the "medical tourism phenomenon" where medical travel is combined with visiting popular tourist destinations in Malaysia. Further, competitive medical fees and modern medical facilities have also made Malaysia a popular destination for medical tourists. Nevertheless, the increased number of foreign patients has opened up possibilities of Malaysian health care providers being subjected to malpractice claims and triggering a myriad of cross-border legal issues. Presently, there is no internationally accepted legal framework to regulate medical tourism and issues of legal redress in relation to unsatisfactory provision of treatment across international boundaries. The economic benefits of medical tourism must be based upon a solid legal regulatory framework and strong ethical standards as well as upon high-quality medical and health care services. It is therefore important to assess the existing legal framework affecting the development of medical tourism in Malaysia in order to explore the gaps, deficiencies and possibilities for legal and regulatory reform.
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  9. Mediation--the Malaysian Dental Association experience
    Purmal K, Nambiar P
    Int Dent J, 2009 Jun;59(3):155-60.
    PMID: 19637524
    To study the success and failures of the mediation process of complaints from 2004-2007 by the Complaints Bureau Steering Committee and the Public Complaints Bureau Committee of the Malaysian Dental Association (MDA).
    Matched MeSH terms: Malpractice/statistics & numerical data*
  10. Medico-legal aspects of histopathology practice
    Ong BB, Looi LM
    Malays J Pathol, 2001 Jun;23(1):1-7.
    PMID: 16329541
    Medico-legal problems experienced by histopathologists differ from those of other clinicians as they are rarely in direct contact with patients. Nevertheless, the pathologist owes a duty of care to the patient and is liable for medical negligence. In the absence of local guidelines, it is prudent to follow guidelines published by learned Colleges elsewhere. This is also true when delegating duties to non-pathologists, technical and other support staff. Errors in diagnosis and documentation pose the most common problems in histopathology. In this, liability also depends on many factors including the provision of adequate clinical information by clinicians and competence of laboratory staff. Clinicopathological discussions, participation in quality assurance programmes and adherence to standard operating procedures are important audit activities to minimize and detect errors as well as prevent grievous outcome to patients. Issues also arise over the retention of specimens and reports. In general, wet, formalin-fixed tissues should be kept until histopathological assessment is finalized and preferably after clinicopathological sessions, and even longer if there is potential litigation. Reports should be archival. Paraffin blocks should be kept for at least the lifetime of the patient, and histology slides for at least 10 years, to facilitate review and reassessment. Despite adverse publicity in the foreign press over the use of human organs and tissues for research and education, it is accepted that processed tissues can be used for research and educational purposes provided the patient's identity is kept confidential. Nevertheless, it would be prudent to revise consent forms for surgery and autopsies to include the possibility that tissues removed can be stored or used for research and education. Good medical practice in pathology encourages a willingness to consult colleagues when in doubt, but advises that the treating clinician be informed if histopathological material is referred away for a second opinion. The Telemedicine Act of Malaysia (1997) requires practitioners outside Malaysia providing diagnosis through telepathology to hold a certificate to practice telemedicine issued by the Malaysian Medical Council. It is likely that the medico-legal scene in histopathology will change in the coming years with the advent of other new ancillary investigative techniques.
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  11. Speech by BG George Yeo, Minister for Health, at the opening ceremony of the 28th Singapore-Malaysia Congress of Medicine
    Ann Acad Med Singap, 1995 Mar;24(2):290-1.
    PMID: 7653974
    Matched MeSH terms: Malpractice*
  12. Fulltext A Heuristic Approach for Optical Transceiver Placement to Optimize SNR and Illuminance Uniformities of an Optical Body Area Network
    Masroor K, Jeoti V, Drieberg M, Cheab S, Rajbhandari S
    Sensors (Basel), 2021 Apr 22;21(9).
    PMID: 33922288 DOI: 10.3390/s21092943
    The bi-directional information transfer in optical body area networks (OBANs) is crucial at all the three tiers of communication, i.e., intra-, inter-, and beyond-BAN communication, which correspond to tier-I, tier-II, and tier-III, respectively. However, the provision of uninterrupted uplink (UL) and downlink (DL) connections at tier II (inter-BAN) are extremely critical, since these links serve as a bridge between tier-I (intra-BAN) and tier-III (beyond-BAN) communication. Any negligence at this level could be life-threatening; therefore, enabling quality-of-service (QoS) remains a fundamental design issue at tier-II. Consequently, to provide QoS, a key parameter is to ensure link reliability and communication quality by maintaining a nearly uniform signal-to-noise ratio (SNR) within the coverage area. Several studies have reported the effects of transceiver related parameters on OBAN link performance, nevertheless the implications of changing transmitter locations on the SNR uniformity and communication quality have not been addressed. In this work, we undertake a DL scenario and analyze how the placement of light-emitting diode (LED) lamps can improve the SNR uniformity, regardless of the receiver position. Subsequently, we show that using the principle of reciprocity (POR) and with transmitter-receiver positions switched, the analysis is also applicable to UL, provided that the optical channel remains linear. Moreover, we propose a generalized optimal placement scheme along with a heuristic design formula to achieve uniform SNR and illuminance for DL using a fixed number of transmitters and compare it with an existing technique. The study reveals that the proposed placement technique reduces the fluctuations in SNR by 54% and improves the illuminance uniformity up to 102% as compared to the traditional approach. Finally, we show that, for very low luminous intensity, the SNR values remain sufficient to maintain a minimum bit error rate (BER) of 10-9 with on-off keying non-return-to-zero (OOK-NRZ) modulation format.
    Matched MeSH terms: Malpractice
  13. The patient's view
    Rachagan SS, Sharon K
    Med J Malaysia, 2003 Mar;58 Suppl A:86-101.
    PMID: 14556356
    The medical practitioner has always had to juggle several roles. First and foremost, the doctor is a healer, a provider of curative services. Second, he is an examiner, an assessor of the patient's health status. Third, he is a researcher, always trying to push the boundaries of medical knowledge. Fourth, he is a rationer of services, he decides how best to apportion the limited resources at his disposal. Traditionally, the patient-doctor relationship has been largely exclusive in nature and the doctor would quite comfortably slip in and out of these roles, his focus centred on his patient's interests. In this era of large corporate health care providers, multi-billion-biotechnology industry, mammoth pharmaceutical companies, medical insurance schemes and international trade instruments, it has become increasingly difficult for the doctor to juggle these four roles. He is constantly subjected to conflicting demands. Patients' interests do not always come first anymore and patients are beginning to realise this. They no longer trust the medical profession unreservedly. There has been steady erosion of the patient-doctor relationship most clearly evidenced by the rising tide of litigation against doctors. There needs to be a reappraisal of these roles that the doctor plays. The conflicts must be recognised and addressed. Patients need to be informed and their interests must be protected if the doctor-patient relationship is to be restored. Medical malpractice suits are on the increase. The tort system as it exists is failing both doctors and patients. The question we must ask is what are patients looking for when they sue doctors? Most of the time they need compensation for the injuries suffered. Sometimes they are looking for accountability, they want the doctor to be punished in some way. Sometimes they merely want to air their grievances and know that they are heard. The current system more often than not takes too long to compensate, the process is a gamble and doctors who are clearly negligent quietly settle and are rarely censured. We need to revamp the existing system to allow for speedy and equitable compensation; true accountability; and articulation and auditing of standards of practice.
    Matched MeSH terms: Malpractice/economics*; Malpractice/legislation & jurisprudence*
  14. Perception of community pharmacists towards the barriers to enhanced pharmacy services in the healthcare system of Dubai: a quantitative approach
    Rayes IK, Hassali MA, Abduelkarem AR
    Pharm Pract (Granada), 2015 06 15;13(2):506.
    PMID: 26131039
    BACKGROUND: In many developing countries, pharmacists are facing many challenges while they try to enhance the quality of services provided to patients approaching community pharmacies.

    OBJECTIVE: To explore perception of community pharmacists in Dubai regarding the obstacles to enhanced pharmacy services using a part of the results from a nation-wide quantitative survey.

    METHODS: A questionnaire was distributed to 281 full-time licensed community pharmacists in Dubai. The questionnaire had 5 inter-linked sections: demographic information, information about the pharmacy, interaction with physicians, pharmacists' current professional role, and barriers to enhanced pharmacy services.

    RESULTS: About half of the respondents (45.4%, n=90) agreed that pharmacy clients under-estimate them and 52.5% (n=104) felt the same by physicians. About 47.5% (n=94) of the respondents felt that they are legally unprotected against profession's malpractice. Moreover, 64.7% (n=128) stated that pharmacy practice in Dubai turned to be business-focused. In addition, 76.8% (n=252) found that one of the major barriers to enhanced pharmacy services is the high business running cost. Pharmacists screened tried to prove that they are not one of the barriers to optimized pharmacy services as 62.7% (n=124) disagreed that they lack appropriate knowledge needed to serve community and 67.7% (n=134) gave the same response when asked whether pharmacy staff lack confidence when treating consumers or not.

    CONCLUSIONS: Although being well established within the community, pharmacists in Dubai negatively perceived their own professional role. They stated that there are number of barriers which hinder optimized delivery of pharmacy services like under-estimation by pharmacy clients and other healthcare professionals, pressure to make sales, and high running cost.

    Matched MeSH terms: Malpractice
  15. Medico-legal risk, clinical negligence and the practice of travel medicine
    Kennedy KM, Flaherty GT
    J Travel Med, 2016 May;23(5).
    PMID: 27432905 DOI: 10.1093/jtm/taw048
    Matched MeSH terms: Malpractice/legislation & jurisprudence*
  16. Fulltext Exposure Level to Caregivers Resulting From the Scattered Radiation During a Radiographic Procedure
    Sayed, I. S., Yusri, N. H.
    Physics and Technology in Medicine, 2020;1(1):22-26.
    MyJurnal
    In radiography, radiation workers are responsible to protect patients and their caregivers from adverse effects of X-rays during diagnostic procedures. The X-ray examination rooms are designated as controlled areas where only authorised persons are allowed to enter. However, sometimes radiographers allow next in-line patients’ and caregivers in X-ray examination room and ask them to stand behind the mobile lead shielding when exposure is on. The objectives of this study were to determine the amount of scatter radiation dose at different heights with respect to the floor in the X-ray examination room and to educate and increase the awareness of radiation workers about the scattered radiation in minimizing the unnecessary radiation dose to patient’s caregivers. Siemens Multix Top X-ray system was used. Kyoto Kagaku PBU-50 whole body phantom was scanned. The phantom (torso) was positioned for anteroposterior (AP) lumbar projection on the examination table. The nanoDot OSLDs were fixed behind the lead shielding at different heights (120, 130, 140, 150, 160 and 170 cm) with respect to the floor 2.5 meters away from the central ray of X-ray beam. The phantom was exposed using different tube voltages 68 kVp, 79 kVp and 90 kVp at a constant tube current of 32 mAs fixing a 100 cm source to image distance (SID). Scatter radiation doses measured at different heights were different for each exposure. The highest scattered radiation dose measured was 6.4 mGy at 130 cm height for 79 kVp exposure. In conclusion the measured scattered radiation doses were within the acceptable annual dose limits as recommended by NCRP 116 and ICRP 103 for patient caregiver. However, a smallest amount of radiation dose may increase the risk of cancer. Thus, the negligence must not be overlooked because it exposes the caregiver to unnecessary radiation.
    Matched MeSH terms: Malpractice
  17. Fulltext UMS nursing student awareness on the impact of social media on nursing profession
    Patricia Sator, Jummaiyah Md Tahir, Elvinna Maria Joannes, Nafisah Mokti
    Malaysian Journal of Medicine and Health Sciences, 2020;16(105):52-0.
    MyJurnal
    Introduction: Social media have been used widely by majority of population around the world and have been proved to be useful for sharing information as well as gain knowledge. For student, media social plays a huge role especially during learning session. Recently, a lot of issues regarding nursing services flooded social media, which gave a negative impression about nurses profession. This study aims to identify the awareness on the impact of social media in regards to nursing services among Faculty of Medicine and Health Sciences (FMHS), UMS nursing students. Methods: Descriptive quantitative cross-sectional study using modified questionnaire for data collection was con- ducted in FMHS, UMS. A total of 100 nursing student, year 3 (37%), year 2 (40%) and year 1 (23%) participated in the study. Results: Overall, 51% respondents agree and 45% strongly agree that social media is a powerful tool to connect among individuals. 63% agree and 34% strongly agree that social media can make jobs more efficient and innovative. 63% agree and 32% strongly agree that social media can be an agent of providing clinical education to nurses by facilitating conversations with colleagues about best practice and advanced healthcare. 51% agree and 22% strongly that social media can be trace and legal action can be taken towards nurses. 54% agree and 20% strongly agree that social media can be used to reveal malpractice among nurses. 45% agree and 40% strongly agree that social media can be misuse by the non-healthcare provider. Conclusion: Based on this study’s result, the respon- dents are well aware with the positive and negative impact of social media on nursing profession. There may has a small number of unaware or unsure about the impact among the respondents, with that the recommendation for this study is to ensure the UMS nursing students to abide with the professional and personal etiquettes and use common sense and caution while communicating on social media.
    Matched MeSH terms: Malpractice
  18. Chest tube injury to left ventricle: complication or negligence?
    Haron H, Rashid NA, Dimon MZ, Azmi MH, Sumin JO, Zabir AF, et al.
    Ann Thorac Surg, 2010 Jul;90(1):308-9.
    PMID: 20609810 DOI: 10.1016/j.athoracsur.2010.01.075
    An injury to the left ventricle after a chest tube insertion is a rare but lethal phenomenon that is likely to occur if precautions are not seriously addressed. We present a 15-year-old girl who was diagnosed a left empyema thoracis. An attempt to place a chest drain in this young girl was almost fatal. A left ventricular repair together with thoracotomy and decortication were successful. This case emphasizes the rarity of this lethal complication and the importance of the correct technique for chest tube insertion.
    Matched MeSH terms: Malpractice*
  19. Fulltext Sequence-Specific Detection of Aristolochia DNA - A Simple Test for Contamination of Herbal Products
    Sgamma T, Masiero E, Mali P, Mahat M, Slater A
    Front Plant Sci, 2018;9:1828.
    PMID: 30619401 DOI: 10.3389/fpls.2018.01828
    Herbal medicines are used globally for their health benefits as an alternative therapy method to modern medicines. The market for herbal products has increased rapidly over the last few decades, but this has in turn increased the opportunities for malpractices such as contamination or substitution of products with alternative plant species. In the 1990s, a series of severe renal disease cases were reported in Belgium associated with weight loss treatment, in which the active species Stephania tetrandra was found to be substituted with Aristolochia fangchi. A. fangchi contains toxic aristolochic acids, which have been linked to kidney failure, as well as cancers of the urinary tract. Because of these known toxicities, herbal medicines containing these compounds, or potentially contaminated by these plants, have been restricted or banned in some countries, but they are still available via the internet and in alternate formulations. In this study, a DNA based method based on quantitative real-time PCR (qPCR) was tested to detect and distinguish Aristolochia subg. Siphisia (Duch.) O.C.Schmidt species from a range of medicinal plants that could potentially be contaminated with Aristolochia material. Specific primers were designed to confirm that Aristolochia subg. Siphisia can be detected, even in small amounts, if it is present in the products, fulfilling the aim of offering a simple, cheaper and faster solution than the chemical methods. A synthetic gBlock template containing the primer sequences was used as a reference standard to calibrate the qPCR assay and to estimate the copy number of a target gene per sample. Generic primers covering the conserved 5.8S rRNA coding region were used as internal control to verify DNA quality and also as a reference gene for relative quantitation. To cope with potentially degraded DNA, all qPCR primer sets were designed to generate PCR products of under 100 bp allowing detection and quantification of A. fangchi gBlock even when mixed with S. tetrandra gBlock in different ratios. All proportions of Aristolochia, from 100 to 2%, were detected. Using standards, associating the copy number to each start quantity, the detection limit was calculated and set to about 50 copies.
    Matched MeSH terms: Malpractice
  20. Fulltext Enumeration of Salmonella spp., Salmonella Typhi and Salmonella Typhimurium in fruit juices
    Diana, J.E., Pui, C.F., Son, R.
    International Food Research Journal, 2012;19(1):51-56.
    MyJurnal
    Salmonella has caused foodborne illnesses globally and it has been a rising threat on fresh produce. The objective of this study was to determine the prevalence and concentration of Salmonella spp., Salmonella Typhi and Salmonella Typhimurium in freshly prepared fruit juice sold at hawker stalls. Analysis was conducted by employing most probable number-polymerase chain reaction (MPN-PCR). A total of 50 freshly prepared fruit juices were examined and the prevalence of Salmonella spp., Salmonella Typhi and Salmonella Typhimurium in the fruit juices were 34%, 20% and 10%, respectively, with an estimated microbial load varying from 0 to 42 MPN/g. Of the five different fruits, carrot juice had the highest prevalence of Salmonella spp. (60%) and Salmonella Typhi (40%). However, Salmonella Typhimurium was detected in apple (30%), orange (10%) and starfruit juice (10%). Factors contributing to the presence of Salmonella were cross-contamination and poor sanitation practice. Besides, negligence on temperature and storage time also led to the growth of Salmonella. Proper monitoring and risk assessment are needed in order to establish control measures to ensure the quality and safety of fruit juices in Malaysia.
    Matched MeSH terms: Malpractice
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