The document summarizes key aspects of health law and ethics in Malaysia. It discusses the Malaysian legal system and different types of laws, including civil and criminal law as they relate to medical practice. It covers concepts of consent, negligence, and the duty of care physicians owe patients. It also addresses issues like vicarious liability, assault, battery, and cases where doctors have faced criminal charges for negligent actions that caused patient harm or death.
The objective of this presentation is to make you aware of issues which are generally confronted during medical practice.
SOURCES OF LAWS:
PRIMARY SOURCES
Laws passed by the Parliament or the State Legislative
Ordinances passed by the President and the Governor
Subordinate legislation: Rules and regulations made by the executive through the power delegated to them by the Acts.
SECONDARY SOURCES:
Judgments of the Supreme Court, High Court and Tribunals (The ratio decedendi is a binding precedent)
Judicial legislation
Judgment of Foreign Courts
International Treaty
In the presentation efforts have been made to guide the medical professionals how to deal with a MLC case in a step by step manner and certain issues relating to medical case records.
detail knowledge of medico-legal cases, introduction,types, reports, consent,death certificate, patient right. it will help you to understand the concept of medico-legal cases
"whenever any medico-legal case comes to the hospital, the medical officer on duty should inform the Duty Constable, giving the name, age, sex of the patient and the place of occurrence of the incident and should start the treatment of the patient.
It will be the duty of the said Constable to inform the nearest concerned police station or higher police functionaries for further action.
“Juris”- Law “Prudentia”- Knowledge . Therefore, Knowledge of Law
-In relation to practice of Medicine
-In relation with legal consequences
Medical Jurisprudence is also known as legal medicine.
Medical jurisprudence or legal medicine is the branch of science and medicine involving the study and application of scientific and medical knowledge to legal problems, such as inquests and in the field of law.
medical
judisprudence
legal medicine
dentistry
mbbs doctors
ethics
rules in medicine
medical practise
consents
autopsy
doctor patient state relation
medical negligence
biomedical
medical devices
malpractice
medico legal cases
dental course
dr. swostik devkota
bright line dental care
The objective of this presentation is to make you aware of issues which are generally confronted during medical practice.
SOURCES OF LAWS:
PRIMARY SOURCES
Laws passed by the Parliament or the State Legislative
Ordinances passed by the President and the Governor
Subordinate legislation: Rules and regulations made by the executive through the power delegated to them by the Acts.
SECONDARY SOURCES:
Judgments of the Supreme Court, High Court and Tribunals (The ratio decedendi is a binding precedent)
Judicial legislation
Judgment of Foreign Courts
International Treaty
In the presentation efforts have been made to guide the medical professionals how to deal with a MLC case in a step by step manner and certain issues relating to medical case records.
detail knowledge of medico-legal cases, introduction,types, reports, consent,death certificate, patient right. it will help you to understand the concept of medico-legal cases
"whenever any medico-legal case comes to the hospital, the medical officer on duty should inform the Duty Constable, giving the name, age, sex of the patient and the place of occurrence of the incident and should start the treatment of the patient.
It will be the duty of the said Constable to inform the nearest concerned police station or higher police functionaries for further action.
“Juris”- Law “Prudentia”- Knowledge . Therefore, Knowledge of Law
-In relation to practice of Medicine
-In relation with legal consequences
Medical Jurisprudence is also known as legal medicine.
Medical jurisprudence or legal medicine is the branch of science and medicine involving the study and application of scientific and medical knowledge to legal problems, such as inquests and in the field of law.
medical
judisprudence
legal medicine
dentistry
mbbs doctors
ethics
rules in medicine
medical practise
consents
autopsy
doctor patient state relation
medical negligence
biomedical
medical devices
malpractice
medico legal cases
dental course
dr. swostik devkota
bright line dental care
MEDICAL JURISPRUDENCE
FORENSIC MEDICINE
INDIAN PENAL CODE
CRIMINAL PROCEDURE CODE
CODE OF CIVIL PROCEDURE
INDIAN LEGAL SYSTEM
INQUEST - Police & Magistrate
COURTS OF LAW
JUVENILE JUSTICE BOARD
MEDICAL EVIDENCE
Medical Certificate
Medicolegal certificate
Dying Declaration & Dying Deposition
SUMMONS
RECORDING OF EVIDENCE IN A COURT
WITNESS
DOCTOR IN THE WITNESS BOX
1. What was the reasoning for enacting the EMTALA2. Should medi.docxpaynetawnya
1. What was the reasoning for enacting the EMTALA?
2. Should medical advice be dispensed on the telephone? Explain your opinion.
3. Discuss why you think the prescribing, control, administration, and monitoring of medications has become a major area of legal concern for health care professionals.
4. Describe the difference between the certification and licensing of a health care professional.
1. Describe the organization, responsibilities, duties, and legal risks of a governing body.
2. List some of the major provisions of SOX
3. Describe the meaning of the legal doctrine respondeat superior.
4. Describe the term corporate negligence.
5. Why is the Darling case described as a benchmark case?
6. Does the legal doctrine respondeat superior apply to an independent contractor? Explain your answer.
Chapter 11
Hospital Departments & Allied Health Professionals
LEARNING OBJECTIVESDescribe a variety of negligent errors by allied health professionals.Discuss the purpose of certification, licensure, and reasons for revocation of licenses.Describe helpful advice for caregivers.
PROFESSIONAL ETHICS Standards or codes of conduct by specific profession. Created in response to actual or anticipated ethical conflicts.ExamplesFalsifying recordsSexual improprietiesSharing confidential patient information
ChiropractorStandard of care requireddegree of care, judgment, & skill exercised by other reasonable chiropractors under like or similar circumstances.
Emergency DepartmentObjectives of Emergency Caretreatment must begin as rapidly as possiblefunction is to be maintained or restoredscarring & deformity are to be minimizedtreatment regardless of ability to pay.
Jury Returns Largest Medical Malpractice Verdict A man arrived at the ER with severe neck pain and numbness in his arms and legs. A doctor diagnosed his condition as neck strain and released the man from the hospital. A few hours later, the man became completely paralyzed from the chest down… The jury awarded the plaintiff $15 million; $10 million of which was for non-economic damages. −Mark Bello, The Legal Examiner, December 30, 2012
No Duty to Patient
Who Left ED UntreatedIn a wrongful death medical malpractice action alleging negligence, the trial court properly granted summary judgment because under Ohio law, an emergency room nurse had no duty to interfere with an individual who left the ED without telling anyone and who refused treatment.
−Griffith v. University Hospitals of Cleveland
Failure to AdmitPhysician was found negligent in failing to hospitalize the patient or failing to inform her of the serious nature of her illness. The trial court found that had the patient been hospitalized on her first visit, her chances of survival would have been increased.
−Roy v. Gupta
Documentation Sparse & ContradictoryED physician failed to evaluate the patient & to initiate care within first few minutes of patient's entry into the emergency facility. The e ...
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
MEDICAL JURISPRUDENCE
FORENSIC MEDICINE
INDIAN PENAL CODE
CRIMINAL PROCEDURE CODE
CODE OF CIVIL PROCEDURE
INDIAN LEGAL SYSTEM
INQUEST - Police & Magistrate
COURTS OF LAW
JUVENILE JUSTICE BOARD
MEDICAL EVIDENCE
Medical Certificate
Medicolegal certificate
Dying Declaration & Dying Deposition
SUMMONS
RECORDING OF EVIDENCE IN A COURT
WITNESS
DOCTOR IN THE WITNESS BOX
1. What was the reasoning for enacting the EMTALA2. Should medi.docxpaynetawnya
1. What was the reasoning for enacting the EMTALA?
2. Should medical advice be dispensed on the telephone? Explain your opinion.
3. Discuss why you think the prescribing, control, administration, and monitoring of medications has become a major area of legal concern for health care professionals.
4. Describe the difference between the certification and licensing of a health care professional.
1. Describe the organization, responsibilities, duties, and legal risks of a governing body.
2. List some of the major provisions of SOX
3. Describe the meaning of the legal doctrine respondeat superior.
4. Describe the term corporate negligence.
5. Why is the Darling case described as a benchmark case?
6. Does the legal doctrine respondeat superior apply to an independent contractor? Explain your answer.
Chapter 11
Hospital Departments & Allied Health Professionals
LEARNING OBJECTIVESDescribe a variety of negligent errors by allied health professionals.Discuss the purpose of certification, licensure, and reasons for revocation of licenses.Describe helpful advice for caregivers.
PROFESSIONAL ETHICS Standards or codes of conduct by specific profession. Created in response to actual or anticipated ethical conflicts.ExamplesFalsifying recordsSexual improprietiesSharing confidential patient information
ChiropractorStandard of care requireddegree of care, judgment, & skill exercised by other reasonable chiropractors under like or similar circumstances.
Emergency DepartmentObjectives of Emergency Caretreatment must begin as rapidly as possiblefunction is to be maintained or restoredscarring & deformity are to be minimizedtreatment regardless of ability to pay.
Jury Returns Largest Medical Malpractice Verdict A man arrived at the ER with severe neck pain and numbness in his arms and legs. A doctor diagnosed his condition as neck strain and released the man from the hospital. A few hours later, the man became completely paralyzed from the chest down… The jury awarded the plaintiff $15 million; $10 million of which was for non-economic damages. −Mark Bello, The Legal Examiner, December 30, 2012
No Duty to Patient
Who Left ED UntreatedIn a wrongful death medical malpractice action alleging negligence, the trial court properly granted summary judgment because under Ohio law, an emergency room nurse had no duty to interfere with an individual who left the ED without telling anyone and who refused treatment.
−Griffith v. University Hospitals of Cleveland
Failure to AdmitPhysician was found negligent in failing to hospitalize the patient or failing to inform her of the serious nature of her illness. The trial court found that had the patient been hospitalized on her first visit, her chances of survival would have been increased.
−Roy v. Gupta
Documentation Sparse & ContradictoryED physician failed to evaluate the patient & to initiate care within first few minutes of patient's entry into the emergency facility. The e ...
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ADR in criminal proceeding in Bangladesh with global perspective.
Health Law and Ethics 1 for Medical Student
1. Health Law and Ethics 1
PROF KULENTHRAN ARUMUGAM
MBBS (SPORE); FRCOG ( Lond) MD; PHD; DIP Epid ( Lond); LLB Hons (Lond)
Scope of Health Law and Ethics Lectures 1 to 4
Understanding the Malaysian Legal system
The types of laws as it affects the practitioner: civil, criminal
Professional conduct and The Medical Act 2012
Consent
Ethics and essential ward behavior
L plate test
Health Law 1
The Malaysian legal system in brief : the types of laws and the Court
system
Civil law affecting the medical profession.
Assault and battery
The law of torts
Tort of invasion of privacy
The tort of Negligence:
Duty of care, Standard of Care, Causation and Damage
Criminal law affecting the medical profession.
Tort - wrongful act resulting to legal liability
Ethics and law
14 year old daughter. Severe mental and
physical disability but mobile. Menstruation is
a `horror’ every month to manage. Parents
plead with me to do a hysterectomy
2. The Malaysian Legal System
Various laws
Constitutional law
Criminal law
Private law
civil law e.g. tort, contract, trusts,
family law
Statutory Law ( MMC proceedings; Medical Act 1971)
Shariah Law
The Hierarchy of Courts
Federal Court
Court of Appeal
High Court 1 million; murder
Sessions Court up to 1 million,
Magistrates Court < 25,000
Juvenile Court
Only two bites at the cherry
Judge’s decision
Findings of fact
The legal problem at hand
Statement on the principle of law applicable to the
legal problem at hand
A judgement based on the above
Ratio decidendi
3. Doctrine of judicial precedence
Obliged to follow the decisions of previous cases
Federal Court ?
Lower Courts follow the higher Courts
If no precedence, judge decides as he thinks fit
Civil and Criminal Law
Scope
Civil Law
Law of tort : A wrongful act or omission not authorized by law
assault and battery
invasion of privacy
negligence
Criminal law (Penal Code)
assault, causing detah by gross negligence
A note:
Criminal: The accused / Government of Malaysia
Civil:The defendant / the plaintiff
MMC proceedings: Complainant / Respondent
LAWS OF MALAYSIA
ONLINE VERSION OF UPDATED
TEXT OF REPRINT
Act 574
PENAL CODE
As at 1 February 2018
Assault
Reasonable apprehension of immediate infliction of a force unto his
person (including words)
NB: no bodily contact
The effect on the plaintiff : he must feel reasonable apprehension
case of forceps delivery
4. Battery
Intentional and direct application of force to another person without
the persons consent
Mental state of the defendant : intention
Contact: any physical contact
touching and hostile touching
e.g. per rectal examination
the defendant (doctor) understands that the plaintiff objects to his actions
Consent, consent, consent
Tort of invasion of privacy
“the invasion of privacy of a female in relation to her modesty, decency and
dignity to be a cause of action in tort”
Lee Ewe Poh v Dr Lim Teik Mann & Anor [2011] 1 MLJ 835
The Law of negligence
The elements
Duty of
care
owed
Standard
of care
Causation
Damages
but not too
remote
5. Duty of Care
Donoghue V Stevenson 1932
Facts of the case
You must take reasonable care to avoid acts or omissions which you can
reasonably foresee would be likely to injure your neighbour.
In law `neighbour’ are persons who are so closely and directly affected
by my act that I ought reasonably to have them in my contemplation as
being so affected when I am directing my mind to those acts or omissions
The medical student/intern?
Nettleship v Weston 1938
Plaintiff was teaching his friend to drive. Learner driver friend drove
negligently and injured plaintiff.
Held: A learner driver must drive in a manner as a driver of skill, experience,
and care. His ` incompetent best’ not sufficient to escape liability
The junior doctor
Wilsher versus Essex Health Authority 1978
Premature child. Junior doctor inserted catheter into vein instead or
artery. Blindness.
Held: the standard of care will be related to the post of the defendant not
his individual level of competence or incompetence – it was a post filled
with the post of a skilled and competent doctor
The elements Duty of
care
owed
Standard
of care
Causation
Damages
but not too
remote
6. The reasonable man’s standard
Bolum v Frein Hospital 2 All ER 1957
Facts of case
A doctor is not guilty of negligence if he has acted in accordance with a
practice accepted as proper by a responsible body of medical men
skilled on that particular art
The reasonable man standards
Standard of care
The test is the standard of the ordinary skilled man exercising and
professing to have that skill. A man need not possess the highest expert skill
…….… it is sufficient that if exercises the ordinary skill of a ordinary
competent man exercising that particular art
Diagnosis and treatment
Informed consent
The elements
Duty of
care
owed
Standard
of care
Causation
Damages
but not too
remote
Did the defendant doctor’s action cause the damage
But for test
But for the negligence of the defendant,
could the injury still have occurred just the same
7. But for test
Barnett v Chelsea and Kensington 1969
Facts: Husband went to emergency Department
with severe vomiting. Saw the nurse. Contacted
doctor. Doctor told the nurse to send him home .
Died after a few hours at home.
Cause of death: arsenic poisoning
Held: breach in duty did not cause the
death. He would have died just the same
The elements
Duty of
care
owed
Standard
of care
Causation
Damages
but not too
remote
Remoteness of damage
A diabetic patient suffers from a skin disease
called psoriasis. The doctor prescribes a steroid
drug. Patient suffers form gangrene of his foot.
Patient sues.
Expert evidence: no relation between steroids
and gangrene of foot
Plaintiff will fail in his case.
But the law has evolved
Failure to inform the risks as a criteria for
falling below the standard of care
expected
8. The elements
Duty of
care
owed
Standard
of care
Causation
Damages
but not too
remote
Informed consent
Health Law 3
Who pays?
vicarious liability
Vicarious liability
No vicarious liability for criminal offences
For civil liability : yes and no
Vicarious liability of the Institution?
yes and no
Salmonds formulation:
In must be an act being done (albeit wrongly)
`in the course of employment’
•An unauthorised (wrongful) mode of doing
some act authorised by the master
• the act must be closely connected with what
he is authorised to do
9. `did he go on a frolic of his ownʻ
Nurse and the warming of blood
Warning as a student
Do not go on a frolic of your own
How about medical students?
Section 34A Medical Act 1971
Notwithstanding anything to the contrary in this Act it shall
be lawful for any person who is pursuing a course of study
in medicine or surgery in any University established in
accordance with the provisions of the Universities and
University Colleges Act 1971…
Section 34A
… to carry out, in pursuance of the course of study, any investigation, examination
or treatment of patients in any hospital, clinic, Health Centre or other Institution
which is approved by the Minister;……. provided that the
investigation, examination or treatment is carried out by the person under
the control and supervision of a fully
registered medical practitioner ……
10. Warning about doing locum
Medical student or Intern
noun British English
a person who stands in temporarily for someone else of the same profession,
especially a cleric or doctor.
Definition
Locum
In the High Court of Malaya/Borneo at Ipoh
Suit No. ………. of 2005
Between
Ms XYZ ………………… Plaintiff
And
Dr ABC ………………… Defendant
THE HOUNOURABLE MR JUSTICE……………CHIEF JUSTICE OF MALAYA,
IN THE NAME OF THE YANG DE PERTUAN AGONG
To ………. Dr ABC
We command you that within eight days after service of
this writ on you, inclusive of the day of such service,
you do cause an appearance to be
entered for you in a cause at the suit of ……….
Criminal Law
11. Elements of criminal offence
Actus reus
Mens rhea
Assault and battery
Assault: Section 351:Whoever makes any gesture or any preparation,
intending or knowing it to be likely that such gesture or preparation will cause
any person present to apprehend that he ……is about to use criminal force to
that person, is said to commit an assault.
Imprisonment for 3 months or a fine of 1000 MYR or both
Doctors do get caught
Section 304 A: Causing death by gross
negligence
Whoever causes the death of any person, by doing any rash or negligent act
not amounting to culpable homicide, shall be punished with imprisonment for
a term which may extend to two years or with fine or with both.
May arrest without warrant
Bailable offence
Imprisonment for 2 years , or fine, or both
12. R v Adomako [1994] 3 WLR 288
House of Lords
In R v Adomako, an anaesthetist, took over half-way a patient undergoing an
eye surgery. Within about half an hour of taking over, the endotracheal tube
was dislodged but he did not recognise it. It only came to light when the
resuscitation commenced because of a cardiac arrest.The patient
subsequently died.
Issue: how far his conduct must depart from accepted standards to be
considered as criminal
Locum GP from India is jailed for manslaughter in UK
after failing to spot diabetic ketoacidosis
BMJ 2013;346:f1042
Mr. Fellows, a painter and decorator, had a history of anxiety and
depression but no history of diabetes. He had been working
outside when he became thirsty and started drinking large
quantities of water.
When his condition worsened, his mother, who thought he had
sunstroke, phoned the clinic. She told a triage nurse that he
was “muddled and mumbling,” his breathing was erratic, his
eyes were sunken, and his breath smelled “like pear drops.” Dr
Kovvali made a house call.
She had specifically asked Dr Kovvali whether her son had
diabetes, but he shook his head.
He subsequently died
Held
“That was a gross breach of your duty of care.
An expert has called your decision ‘appalling.’ I
agree. It was clearly criminally negligent, and
a wholly preventable death followed.”
Is this what you really want?
13. Doing unnecessary surgery
Ten patients had undergone needless operations for breast surgery
after the breast surgeon misrepresented biopsy results and
exaggerated the risks of cancer
convicted for doing “extensive, life changing operations for no
medically justifiable reason.”and “ wounding with intent”.
The judge remarked that surgeon’s motives “may never be known,”
but he insinuated that financial gain played a role. “In pursuit of your
…… material rewards,”
He told the surgeon, “you deliberately preyed on their worst fears,
either by inventing or deliberately exaggerating the risk that they
would develop cancer.”
Received 15 years jail.
Causing miscarriage
Section 312 Causing miscarriage
Section 314 Death caused by an act done with intent to cause
miscarriage
Causing miscarriage
312.Whoever voluntarily causes a woman with child to
miscarry shall be punished with imprisonment for a term
which may extend to three years or with fine or with both;
and if the woman is quick with child, shall be punished
with imprisonment for a term which may extend to
seven years, and shall also be liable to fine.
Explanation—A woman who causes herself to miscarry is within the
meaning of this section.
Exception
Exception—This section does not extend to a medical practitioner registered
under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman
if such medical practitioner is of the opinion, formed in good faith, that the
continuance of the pregnancy would involve risk to the life of the pregnant
woman, or injury to the mental or physical health of the pregnant woman,
greater than if the pregnancy were terminated.
14. Statuary Law
Child Act 2001 Section 27
Duty of medical officer or medical
practitioner
Section 27.1
If a medical officer or a registered medical practitioner believes on reasonable
grounds that a child he is examining or treating is physically or emotionally
injured as a result of being ill-treated, neglected, abandoned or exposed, or is
sexually abused he shall immediately inform the protector
Consequences
Section 27.2:
any medical practitioner or registered practitioner who fails to comply
with sub-section 1 commits an offence and shall on conviction be liable
to a fine not exceeding five thousand ringgit or to imprisonment not
exceeding two years or both
Thank you