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


 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

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.


 Partners Darryl S C Goon and Raja Eileen Soraya, assisted by Senior Associate Joni Jacqueline Benedict,  successfully represented the Edge Media Group in the High Court in an application for judicial review against the decision of the Minister of Home Affairs to suspend the publication of The Edge Malaysia and The Edge Financial Daily in respect of the articles published on the 1MDB scandal.  

The decision of the Minister of Home Affairs was set aside by the High Court; the Minister’s appeal to the Court of Appeal was dismissed on 30 August 2016.  The Minister has now appealed to the Federal Court.  It is anticipated that this appeal will involve arguments as to whether the Courts in Malaysia recognize the right to compensation for an infringement of a constitutional right and the right to damages for the tort of misfeasance of a public officer.  If the Federal Court dismisses the appeal, this will be a conclusive binding precedent for awards of damages to be made against the Government in future similar cases.
 
Links to media coverage:
 
 
 
 

 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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