News
Publications
2017
Focus Malaysia Article
Malaysia ranks second in Asean for IP protection
2016
The Allied Health Professions Act 2016 & the Traditional and Complementary Medicine Act 2016
IP in TPPA: Is it really a win-win?
IP Chapter of TPP: Does it break new ground or tip the balance?
Malaysia and the TPPA: What's Next?
Retrenchment
Alarm Bells for Private Hospitals
Legal Developments 2016 Vol 1
2015
Legal Developments 2015
The Aviation Law Review (Second And Third Editions)
2014
The Construction Industry Payment & Adjudication Act 2012
The International Comparative Legal Guide to Data Protection 2014 Edition
Archive
Corporate & Commercial Law Updates
Medical Tribune Articles
International Comparative Legal Guide
Revenue Law Updates
Asia IP Articles
Competition Law


 Federal Court decision in The Edge case. 
In 2015, we had obtained an order from the High Court to quash the decision of the Government that had suspended The Edge Financial Daily and The Edge, two publications owned by our client, the Edge Media Group, because of articles published on the 1MDB scandal.  In 2016, we successfully defended the High Court’s decision at the Court of Appeal.  In dismissing the appeal, the Court of Appeal upheld the award of damages against the Minister of Home Affairs for the tort of misfeasance by a public officer and the award of constitutional compensation.

On 9th August 2017, the Federal Court dismissed the appeal of the Government.  The effect of this is that there is now a conclusive precedent for awards of damages and constitutional compensation against the Government in future similar cases.  Senior partner Darryl Goon was lead counsel, assisted by partner Raja Eileen Soraya and Senior Associate Joni Benedict.

 Federal Court decision regarding standards of care owed to patients.
Our 2 clients, both medical specialists, had been sued for medical negligence by a patient. The High Court found them to be not liable at all, a finding that was affirmed by the Court of Appeal.  The patient’s appeal before the Federal Court was heard in April 2017, the Federal Court being asked to finally and conclusively lay down the test for the standards of care owed by medical practitioners to their patients in respect of diagnosis, treatment and advice of risks, since there had been 2 substantial lines of authorities, both in the High Court and Court of Appeal, which had been inconsistent as to the applicable standards of care.

The Federal Court reserved its judgment and recently, in July 2017, gave judgment in our favour, and in the process clarified the law.

Partner Darryl Goon led the team in this matter, the other members being Partner Maidzuara Mohammed and Senior Associate Charlaine Adrienne Chin.  
 
 Media Law International 2017.
Once again, RDL has been ranked in Tier 1 for our media law practice among Malaysian law firms in the 2017 edition of Media Law International, the exclusive guide to leading media law firms around the world and which provides comprehensive coverage of firms and practitioners with media law expertise, across 56 jurisdictions.  For more information, we invite you to click on this link. 

 Focus Malaysia Article.
Recently, RDL Partner Chew Phye Keat was interviewed by the weekly magazine, FocusWeek, and gave his views on the current state of intellectual property laws in Malaysia and on the need for more innovation on the part of Malaysians to create more intellectual property. Please click here for the article. Contributed by Chew Phye Keat.

 Malaysia ranks second in Asean for IP Protection.
Partner Chew Phye Keat, in his capacity as the President of the ASEAN Intellectual Property Associaton, commented on the latest US Chamber International IP Index that was released recently. Please click here for the media report. Contributed by Chew Phye Keat.

 The Allied Health Professions Act 2016 & the Traditional and Complementary Medicine Act 2016.
The Malaysian Parliament recently passed two new laws that will have a bearing on healthcare – the Allied Health Professions Act 2016 & the Traditional and Complementary Medicine Act 2016.  Please click here for our RDL Newsletter which gives useful summaries of these Acts. Contributed by Shaarenya Gurasekeran.

 Intellectual Property in TPPA: Is it really a win-win?
Chew Phye Keat, the head of the Intellectual Property & Technology practice group, gave his views on the intellectual property aspects of the TPPA  in an article published in The Malay Mail Online. We invite you to click on this link. Contributed by Chew Phye Keat.

 IP Chapter of TPP: Does it break new ground or tip the balance?
Chew Phye Keat also wrote this article that was published in The Straits Times of Singapore on August 23, 2016. We invite you to click on this link. Contributed by Chew Phye Keat.

 Malaysia and the TPPA: What's Next? 
Our partners from our Intellectual Property and Technology Practice Group shared their thoughts on the TPPA in The Patent Lawyer.  We invite you to click on this link. Contributed by Yvonne Ong & Chew Phye Keat.

 Retrenchment: A battle between employers and employees.
We often see retrenchment  exercises in the news these days.  We invite you to click on this link. Contributed by Ravindra Kumar & Tham Li Vyen.

 Alarm Bells for Private Hospitals.
There are some interesting legal developments for private hospitals.  We invite you to click on this link. Contributed by Raja Eileen Soraya & Joni Jacqueline Benedict.

 Run for your Heart 2016.
RDL was a Platinum sponsor for the “Run for your Heart 2016”, a charity event held at Taman Botani, Shah Alam on 10th April 2016, to raise awareness of heart disease, organised by the National Heart Institute (or Institut Jantung Negara). We invite you to click on this link.

 Malaysia faces fight over plain tobacco packaging.
Our Chew Phye Keat, who is the current President of the Asean Intellectual Property Association, speaks to CCTV News on Plain Tobacco Packaging. We invite you to click on this link. Contributed by Chew Phye Keat.

Cases

 Liability of Private Hospitals to patients.
The firm represents 
a medical practitioner and a private hospital, in a medical negligence suit brought by a patient.
This case involves the important issue of whether a private hospital should be vicariously liable for the acts of medical practitioners who practise within the hospitals and/or whether it owes a non-delegable duty of care to patients.  At present, most, if not all, private hospitals contractually agree with such medical practitioners that the medical practitioners are independent contractors and hence the hospitals are not liable for any act or omission on their part.
 
In the High Court, the Judge held that the hospital was vicariously liable for the medical practitioner’s acts and omissions.  The High Court’s decision was affirmed by the Court of Appeal on 31 May 2016.  The appeal to the Federal Court was heard in April 2017 and judgment was reserved.  The Federal Court was asked to specifically consider whether it would adopt the developments in the law in the UK.

If the Federal Court finds against our client, all private hospitals may be held to be vicariously liable for the acts or omissions of the medical practitioners practising within their premises, regardless of the fact that these practitioners are not their employees.  Private hospitals may also be held to owe a non-delegable duty of care to the patients.  This will undoubtedly have an adverse impact on healthcare costs in the whole country as hospitals would then purchase insurance to protect themselves against this new area of liability.

This matter is handled by Darryl S C Goon (as lead counsel) and Raja Eileen Soraya, assisted by Senior Associate Joni Jacqueline Benedict.


 Medical Negligence - Cerebral Palsy case.

Our Darryl Goon and Raja Eileen Soraya represented the medical practitioner in a complicated medical negligence case involving an infant with cerebral palsy. The matter raised issues of the standard of practice in the management of twin pregnancies by obstetricians and gynaecologists in 2002 and the causal link between the alleged negligence and the infant's cerebral palsy. The medical practitioner was successful in her appeal to the Court of Appeal against the finding of liablity made against her in the High Court. Leave that was sought to the Federal Court was successfully resisted on 28 April 2016.  
We invite you to click on this link.


 
   
 
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