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Medical negligence claims in Malaysia are intricately governed by statutory limitation periods, which serve as an absolute defence if invoked successfully. These limitation periods vary based on the nature of the healthcare institution (public or private) and the plaintiff's circumstances, such as age or disability.

Private hospitals and practitioners are governed by a six-year limitation period under the Limitation Act 1953, while government and public university hospitals fall under the three-year limitation period prescribed by the Public Authorities Protection Act 1948 and the Universities and University Colleges Act 1971, respectively. Different limitation periods apply for fatal accident cases and cases involving minors or individuals under a disability.

Understanding the complexities of limitation periods in medical negligence claims is essential for legal practitioners, healthcare providers and practitioners and patients alike. Determining the applicable limitation period demands a thorough examination of the specific circumstances of each case, including the injured patient's status, the identity of the defendant(s), and the location where the cause of action originated.

Introduction

[1] I would like to begin by thanking each and every one of you for gracing us with your presence on this august occasion of the opening of the Legal Year 2025.

[2] With the onset of the New Year and new beginnings, I would like to congratulate each and every judge who was appointed in the last year. At the same time, I would like to wish all judges who retired in the past year, a very happy retirement.

The Oath Of Office

[3] While a big congratulations go out to everyone who has been appointed as judges, especially to the apex court, there is little or no reason for anyone to begrudge you. As a judge, you have taken the oath of office to protect, preserve and defend the Constitution of Malaysia. It is the most formidable and "painful" of oaths.

[4] By taking up judge-ship, let me remind you of its implications. You have agreed to live a life of solitude and you have relinquished loyalty to any institution apart from the Judiciary and the Federal Constitution ('Constitution'). You have agreed to become the perfect citizen who accommodates no advice and adheres to no one's instruction apart from the dictates and mandates of the Constitution and the law. You know politics, carry out your duty as a voter, but take no part in it, in any way, shape or form. You are tasked to do justice by the law, but at the same time, you have become dispassionate to all manner of sufferings, plights and pain as these are only secondary to the law.

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.