Anisah Che Ngah
National University of Malaysia, Faculty of Law, Faculty Member
Pre-implantation genetic diagnosis (PGD) became well known in Malaysia after the birth of the first Malaysian 'designer baby', Yau Tak in 2004. Two years later, the Malaysian Medical Council... more
Pre-implantation genetic diagnosis (PGD) became well known in Malaysia after the birth of the first Malaysian 'designer baby', Yau Tak in 2004. Two years later, the Malaysian Medical Council implemented the first and only regulation on the use of Pre-implantation Genetic Diagnosis in this country. The birth of Yau Tak triggered a public outcry because PGD was used for non-medical sex selection thus, raising concerns about PGD and its implications for the society. This study aims to explore participants' perceptions of the future implications of PGD for the Malaysian society. We conducted in-depth interviews with 21 participants over a period of one year, using a semi-structured questionnaire. Findings reveal that responses varied substantially among the participants; there was a broad acceptance as well as rejection of PGD. Contentious ethical, legal and social issues of PGD were raised during the discussions, including intolerance to and discrimination against people with genetic disabilities; societal pressure and the 'slippery slope' of PGD were raised during the discussions. This study also highlights participants' legal standpoint, and major issues regarding PGD in relation to the accuracy of diagnosis. At the social policy level, considerations are given to access as well as the impact of this technology on families, women and physicians. Given these different perceptions of the use of PGD, and its implications and conflicts, policies and regulations of the use of PGD have to be dealt with on a case-by-case basis while taking into consideration of the risk-benefit balance, since its application will impact the lives of so many people in the society.
Research Interests:
ABSTRACT
In the realm of pharmaceutical liability, failure to warn or to provide sufficient information such as adverse reaction or allergies of pharmaceutical products may cause manufacturers to be liable under the traditional common law of tort... more
In the realm of pharmaceutical liability, failure to warn or to provide sufficient information such as adverse reaction or allergies of pharmaceutical products may cause manufacturers to be liable under the traditional common law of tort for the harm or death it causes. This article shows that manufacturers of prescribed pharmaceutical products may escape such liability if information and warnings have been conveyed to physicians; a learned intermediary between the manufacturers and the patients. The learned intermediary rule acts as a defence mechanism for manufacturers of pharmaceutical products as the physician is deemed as an intervening force that breaks the chain of causation in the law of negligence. Hence, the main focus of this article is to examine whether Malaysian courts would accept such a defence if invoked by the manufacturers. The objective of the article is to analyze and identify the learned intermediary between the manufacturer of a prescribed pharmaceutical products and patients under the relevant Malaysian statutes, particularly Poison Act 1952 and Medicines (Advertisement and Sale) Act 1956. In achieving the above objective, the authors adopts historical, comparison and also critical analysis methods. The finding of this article is that, it is an offence for pharmaceutical products to be sold or supplied directly to patients and strictly requires a learned intermediary such as physician to prescribe such products. Thus, it is concluded that the defence has its merits and therefore it is unlikely patients would be able to obtain compensation if this defence is invoked.
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The right of a person to control his body is a concept that has long been recognized in Malaysia under the law of torts. The purpose of requiring informed consent is to preserve that right in medical decision-making. Informed Consent is a... more
The right of a person to control his body is a concept that has long been recognized in Malaysia under the law of torts. The purpose of requiring informed consent is to preserve that right in medical decision-making. Informed Consent is a relatively new concept in medical litigation cases. However in the late 1990's, it has become one of the important claims under negligence made against the doctor for failure to disclose relevant information to patients in respect of the treatment proposed. Whether Malaysia has begun to recognize patient's right to decision-making is yet to be seen. Furthermore the social-cultural relationship between doctors and patients had to be considered. In this respect, the researcher had conducted interviews with doctors and patients to gauge their reaction towards a shared process of decision-making, which is the central issue in the doctrine of informed consent. Findings suggest that in society where primary health care is the main thrust to achieve health for all, the possibility of recognition of the rights of patients to receive information before making decisions about treatment appears remote. The findings also underscore the importance of incorporating aspects of informed consent as part of providing quality service to patients.
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This correspondence paper updates about the ASEAN progress in legal harmonisation under Malaysian leadership.
Research Interests:
ABSTRACT ORGAN TRANSPLANTATION IN MALAYSIA & JAPAN: A SOCIO LEGAL STUDY * Japan is a fast rising industrialized country, which still retains its Asian features especially in terms of cultural heritage and religious beliefs. Attentive... more
ABSTRACT
ORGAN TRANSPLANTATION IN MALAYSIA & JAPAN: A SOCIO LEGAL STUDY *
Japan is a fast rising industrialized country, which still retains its Asian features especially in terms of cultural heritage and religious beliefs. Attentive of the impact of biomedical ethics in Japanese society, it has developed a center for biomedical ethics and law in 2003. Unfortunately, we did not have such a center in Malaysia. This is due to the fact that, advancement in biomedical ethics has been rather slow except for two important areas namely ‘Assisted reproduction technology’ and ‘Organ Transplantation’. However, organ transplantation has its own problem especially in terms of being accepted by the public. The government has made considerable efforts with the setting up of the National Transplant Registry to coordinate various organ transplant services such as bone and tissue, cornea, liver, heart, lung and renal transplants. It is instructive to note that the Malaysian society has been rather conservative when it comes to organ transplantation. This is compounded by the Asean culture and value systems, which are directly derived from our historical background and religious beliefs. In 1997, Japan organ transplantation law was introduced to accommodate the growing needs of society; however it has yet to achieve the desired result. In view of this development, Malaysia has yet to revise its laws namely the Human Tissues Act 1974 to accommodate the current needs of society and biomedical advancements. It is submitted that the 1997 Japanese organ transplantation laws would perhaps assist Malaysia because of the similarities in Asian ideology and cultural needs. Further, the law ought to reflect the current needs of today.
Authors:
Dr. Anisah Che Ngah (Phd) (Lead researcher, Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia)
Prof. Tsuyoshi Awaya (Centre of law & Medical Ethics, Okayama University Japan)
Dr. Alireza Bhageri (School of law, Kyoto University, Japan)
ORGAN TRANSPLANTATION IN MALAYSIA & JAPAN: A SOCIO LEGAL STUDY *
Japan is a fast rising industrialized country, which still retains its Asian features especially in terms of cultural heritage and religious beliefs. Attentive of the impact of biomedical ethics in Japanese society, it has developed a center for biomedical ethics and law in 2003. Unfortunately, we did not have such a center in Malaysia. This is due to the fact that, advancement in biomedical ethics has been rather slow except for two important areas namely ‘Assisted reproduction technology’ and ‘Organ Transplantation’. However, organ transplantation has its own problem especially in terms of being accepted by the public. The government has made considerable efforts with the setting up of the National Transplant Registry to coordinate various organ transplant services such as bone and tissue, cornea, liver, heart, lung and renal transplants. It is instructive to note that the Malaysian society has been rather conservative when it comes to organ transplantation. This is compounded by the Asean culture and value systems, which are directly derived from our historical background and religious beliefs. In 1997, Japan organ transplantation law was introduced to accommodate the growing needs of society; however it has yet to achieve the desired result. In view of this development, Malaysia has yet to revise its laws namely the Human Tissues Act 1974 to accommodate the current needs of society and biomedical advancements. It is submitted that the 1997 Japanese organ transplantation laws would perhaps assist Malaysia because of the similarities in Asian ideology and cultural needs. Further, the law ought to reflect the current needs of today.
Authors:
Dr. Anisah Che Ngah (Phd) (Lead researcher, Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia)
Prof. Tsuyoshi Awaya (Centre of law & Medical Ethics, Okayama University Japan)
Dr. Alireza Bhageri (School of law, Kyoto University, Japan)
