The Role of Expert Evidence in Medical Negligence Litigation in Malaysia

The courts are continuing to allow greater participation in the justice system by experts. Expert evidence is admissible in court whenever there are matters or issues which require their expertise in terms of observation, analysis, description and resolution. In medical negligence litigation, the ‘Bolam’ test is cited as the starting point. The test requires doctors to conform to a ‘responsible’ body of medical opinion. However, it has failed to define what a ‘responsible’ body of medical opinion is. The article aims to examine the role of expert evidence in medical negligence litigation cases. The scope of this article is limited to expert evidence in medical negligence litigation in Malaysia in the context of the standard of care required from doctors in the course of treatment, diagnosis and provision of information to their patients. The methodology is a legal, library-based research focusing mainly on primary and secondary sources. The findings indicate a need for reforms such as improving the quality of medical expert witness testimony by strengthening the qualifications for serving as a medical expert and providing more specific guidelines that govern the conduct of physicians throughout the legal process.