Medical product liability under the consumer protection act 1999: Aims unmet

Fahirah Syaliza Mokhtar, Rahmah Ismail

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

Consumers, particularly patients are incapable to amass enough information of the complexity and high technology nature of medical devices and when injured, patients have difficulty in proving that the devices are defective. This study examines the legal status of medical devices under the Malaysian Consumer Protection Act 1999 (CPA 1999) and the compensatory system under part X of the CPA 1999 regarding product liability. The findings of this study show that although part X gives appropriate compensation for injury caused by faulty products, however patients are tossed into dealing with much heavier burden to prove under this part for medical devices compared to unrelated health products. This study attempts to show that the existing product liability provisions have several drawbacks which indicate that the provisions might have failed to achieve its aims and purposes. Therefore, it is the purpose of this study to examine those drawbacks and make suggestions in order to be able to assist patients in the process of claiming compensation.

Original languageEnglish
Pages (from-to)565-573
Number of pages9
JournalSocial Sciences (Pakistan)
Volume8
Issue number6
DOIs
Publication statusPublished - 2013

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producer liability
consumer protection
act
high technology
legal status
health

Keywords

  • Consumer protection
  • Defective
  • Malaysia
  • Medical device
  • Product liability

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Medical product liability under the consumer protection act 1999 : Aims unmet. / Mokhtar, Fahirah Syaliza; Ismail, Rahmah.

In: Social Sciences (Pakistan), Vol. 8, No. 6, 2013, p. 565-573.

Research output: Contribution to journalArticle

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