Materia Medica Malaysiana

December 30, 2006

MMA welcomes ruling on Bolam test

Filed under: Uncategorized — malaysianmedicine @ 9:43 am

Star: PETALING JAYA: The Malaysian Medical Association (MMA) welcomes the Federal Court ruling that the Bolam test can no longer be applied to decide on medical negligence cases.
MMA ethical committee chairman Dr Ravindran Jegasothy said the association welcomed the ruling and took it as a challenge for the medical profession.
“It will put people on guard. They will not do things sesuka hati (simply). The Bolam test is a long-held principle. Times have changed. The medical profession has moved away from being a doctor-centred model to one that is patient-centred,” he said yesterday.
He was commenting on the Federal Court ruling on a medical negligence suit by quadriplegic Foo Fio Na against Assunta Hospital and a surgeon.
The court also ruled that the judicial system stop using the Bolam test adopted from a 1957 negligence case in England, which freed doctors from responsibility so long as they had acted in accordance with an accepted medical practice to decide such cases.

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