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The Claim

In Malaysia, courts apply the objective "but-for" test to establish medical causation.

Verified by Lenz ·

The Short Version

Malaysian courts do use the but-for test as the standard approach to factual causation in medical negligence. Judicial and bar sources describe it as the basic rule, and appellate authority confirms its use. The important caveat is that it is not the only test: in some exceptional or multi-cause cases, courts may use material-contribution reasoning instead.

Caveats

  • The statement is incomplete if read to mean the but-for test is the exclusive causation test; Malaysian courts recognize exceptions.
  • Higher-weight support comes from judicial and bar sources, not study notes, marketing pages, or uncited explainers.
  • Applying the but-for test in practice still depends on case-specific expert medical evidence; it is not a mechanical formula.

The Receipts

  1. Understanding Medical Negligence Claims

    Malaysian Bar

  2. MEDICAL NEGLIGENCE LITIGATION IN MALAYSIA

    Malaysian Bar

  3. Medical negligence : an overview

    Kehakiman Sabah

  4. DR JERILEE MARIAM KHONG & ORS v. YUSNITA JOHARI

    eLaw.my

  5. Review of Medical Malpractice Issues in Malaysia under Tort ...

    PMC

  6. Proving Liability for Medical Negligence (3) - Causation of Damage

    Evan Lee

  7. MEDICAL NEGLIGENCE : COMMON LAW PERSPECTIVE

    International Islamic University Malaysia (IIUM) Repository

  8. Medical Negligence in Malaysia xYZoK 16r (pdf)

    CliffsNotes

  9. Recognising Lost Chances in Tort Law

    Singapore Journal of Legal Studies (National University of Singapore)

  10. but-for test | Wex | US Law

    Legal Information Institute (Cornell Law School)

+ 9 more sources — see the full list on Lenz

Filed Under

Malaysia

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