Description of Invention
In Malaysia’s private healthcare system, hospitals often argue that they are not liable for treatment failures due to doctors working as independent contractors, aligning with the principle of negligence where liability falls on the treating doctors. Traditionally, vicarious liability, which could otherwise hold hospitals accountable, has been mitigated by these agreements. However, the recent judgment in the case Siow Ching Yee v Columbia Asia Sdn Bhd, challenges this view by asserting that hospitals have an inherent responsibility to ensure a standard of care, despite the contractual arrangements with independent contractors.