TY  - JOUR
T1  - Medical Product Liability under the Consumer Protection Act 1999: Aims Unmet
AU - Mokhtar, Fahirah Syaliza AU - Ismail, Rahmah 
JO  - The Social Sciences
VL  - 8
IS  - 6
SP  - 565
EP  - 573
PY  - 2013
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2013.565.573
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2013.565.573
KW  - Product liability
KW  -medical device
KW  -defective
KW  -consumer protection
KW  -Malaysia
AB  - Consumers, particularly patients are incapable to amass enough 
  information of the complexity and high technology nature of medical devices 
  and when injured, patients have difficulty in proving that the devices are defective. 
  This study examines the legal status of medical devices under the Malaysian 
  Consumer Protection Act 1999 (CPA 1999) and the compensatory system under part 
  X of the CPA 1999 regarding product liability. The findings of this study show 
  that although part X gives appropriate compensation for injury caused by faulty 
  products, however patients are tossed into dealing with much heavier burden 
  to prove under this part for medical devices compared to unrelated health products. 
  This study attempts to show that the existing product liability provisions have 
  several drawbacks which indicate that the provisions might have failed to achieve 
  its aims and purposes. Therefore, it is the purpose of this study to examine 
  those drawbacks and make suggestions in order to be able to assist patients 
  in the process of claiming compensation.
ER  -