Authors : Fahirah Syaliza Mokhtar and Rahmah Ismail
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.
Fahirah Syaliza Mokhtar and Rahmah Ismail, 2013. Medical Product Liability under the Consumer Protection Act 1999: Aims Unmet. The Social Sciences, 8: 565-573.