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Litigation, Labor and Law: Rethinking Workforce and Liability Structures in Malaysia’s Public Healthcare Sector

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  • Redwan Yasin
  • Wan Amir Azlan Wan Haniff
  • Siti Mariam Atan
  • Zulhazmi Yusof
  • Rosnani Mohd Salleh
  • Rahmawati Mohd Yusoff

Abstract

This article explores the link between medical negligence litigation, workforce migration, and structural weaknesses in Malaysia’s public healthcare system. Adopting a case study approach, it categorizes legal decisions into three areas: (A) Hospital and Doctor Liability, Surgical/Procedural Negligence; (B) Birthing-Related Negligence and Women’s Health; and (C) Diagnosis-Related, Follow-up, and Causation Issues. The analyzed cases reveal recurring themes, such as inadequate supervision, diagnostic errors, and under-resourced facilities, which have led to serious harm and an increasing legal liability. These institutional failings not only compromise patient care but also contribute to the departure of skilled medical professionals from the public sector in search of better prospects. The article recommends strategic reforms, including introducing a national health insurance model with targeted subsidies, improving doctor remuneration through revised public service fees, and shifting toward more secure, long-term employment for healthcare workers. A progressive tax policy, such as reintroducing GST, could provide sustainable funding.

Suggested Citation

  • Redwan Yasin & Wan Amir Azlan Wan Haniff & Siti Mariam Atan & Zulhazmi Yusof & Rosnani Mohd Salleh & Rahmawati Mohd Yusoff, 2025. "Litigation, Labor and Law: Rethinking Workforce and Liability Structures in Malaysia’s Public Healthcare Sector," Information Management and Business Review, AMH International, vol. 17(2), pages 116-123.
    • Handle: RePEc:rnd:arimbr:v:17:y:2025:i:2:p:116-123
    DOI: 10.22610/imbr.v17i2(I).4468
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    References listed on IDEAS

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    1. Norehan Jinah & Kun Yun Lee & Nor Haniza Zakaria & Nursyahda Zakaria & Munirah Ismail & Shazwani Mohmad, 2023. "Contract doctors’ strike in Malaysia: A content analysis of the perception of medical fraternity and stakeholders on Facebook," PLOS ONE, Public Library of Science, vol. 18(9), pages 1-15, September.
    2. Nur Adibah Shaharul & Mohd ‘Ammar Ihsan Ahmad Zamzuri & Ahmad Azuhairi Ariffin & Ahmad Zaid Fattah Azman & Noor Khalili Mohd Ali, 2023. "Digitalisation Medical Records: Improving Efficiency and Reducing Burnout in Healthcare," IJERPH, MDPI, vol. 20(4), pages 1-13, February.
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