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Medical Affidavit for Malaysia

Medical Affidavit Template for Malaysia

A medical affidavit is a sworn written statement made by a medical professional, typically used in legal proceedings in Malaysia. The document follows the requirements set forth by the Malaysian Oaths and Affirmations Act 1949 and the Medical Act 1971, providing formal medical testimony or expert opinion. It contains detailed medical information, professional observations, and expert opinions, properly witnessed by a Commissioner for Oaths. The document serves as admissible evidence in Malaysian courts and can be used in various contexts including medical negligence cases, insurance claims, disability assessments, and other healthcare-related legal matters.

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What is a Medical Affidavit?

The Medical Affidavit is a crucial document in Malaysian legal and healthcare proceedings, serving as a formal sworn statement that bridges medical expertise with legal requirements. This document type is commonly required when medical professionals need to provide expert testimony, document patient conditions, or present professional opinions in a legally admissible format. The affidavit must comply with both the Malaysian Oaths and Affirmations Act 1949 and the Medical Act 1971, ensuring it meets both legal and medical professional standards. It's typically used in medical negligence cases, insurance claims, disability assessments, workers' compensation cases, and other situations where formal medical testimony is required. The document must be sworn before a Commissioner for Oaths and contains detailed medical information, professional qualifications, and expert opinions based on medical examination or review of medical records.

What sections should be included in a Medical Affidavit?

1. Title and Court Details: Specifies the court jurisdiction, case number if applicable, and title of the affidavit

2. Deponent Information: Full name, professional qualifications, registration number, current position, and place of practice of the medical professional making the affidavit

3. Basis of Knowledge: Statement explaining the deponent's involvement in the case and the source of their knowledge

4. Patient Information: Details of the patient including full name, identification number, and relevant demographic information

5. Medical Facts: Chronological presentation of relevant medical facts, treatments, procedures, and observations

6. Professional Opinion: Medical opinions and conclusions based on the stated facts and professional expertise

7. Declaration of Truth: Formal statement declaring that the contents are true to the best of the deponent's knowledge

8. Execution Block: Space for signature, date, and commissioner for oaths' attestation

What sections are optional to include in a Medical Affidavit?

1. Reference to Prior Medical Records: Section citing and summarizing previous medical records when the affidavit relates to historical medical events

2. Third Party Observations: Including observations or reports from other medical professionals when multiple healthcare providers were involved

3. Capacity Assessment: Specific section addressing the patient's mental capacity when relevant to legal proceedings

4. Treatment Recommendations: Future medical recommendations when the affidavit is used for treatment planning or court orders

5. Cost of Care: Detailed breakdown of medical costs when the affidavit is used in insurance or compensation claims

What schedules should be included in a Medical Affidavit?

1. Medical Records: Copies of relevant medical records, test results, and clinical notes

2. Diagnostic Images: Relevant X-rays, MRI scans, or other medical imaging with annotations

3. Laboratory Reports: Copies of laboratory test results referenced in the affidavit

4. Professional Credentials: Copies of relevant professional qualifications and certifications

5. Medical Literature: Relevant medical research or literature supporting professional opinions expressed in the affidavit

6. Photographic Evidence: Photographs of injuries, conditions, or medical procedures when relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions


























Clauses




















Relevant Industries

Healthcare

Legal Services

Insurance

Medical Education

Public Health

Clinical Research

Healthcare Administration

Medical Insurance

Medical Legal Services

Relevant Teams

Legal

Medical Records

Compliance

Risk Management

Clinical Operations

Insurance Claims

Medical Affairs

Quality Assurance

Administrative Services

Document Management

Relevant Roles

Doctor

Medical Specialist

Legal Counsel

Medical Officer

Healthcare Administrator

Insurance Claims Manager

Medical Records Officer

Clinical Director

Risk Management Officer

Compliance Officer

Medical Expert Witness

Hospital Director

General Practitioner

Medical Consultant

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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