Child Patient and Consent to Medical Treatment in Malaysia: A Legal Perspective
Tengku Noor Azira Tengku Zainudin, Anita Abdul Rahim
Journal of Global Peace and Conflict, 1(1), pp. 41-48.

Abstract
This article aims to determine whether in Malaysia a child patient can give a valid consent in law to his/her medical treatment. Is there any legal provision in Malaysia that allows patients who are still children to give their own consent? The issue of whether a patient who is still a child has the right to give consent to medical treatment needs to be researched and discussed in order to give clarity and certainty to the law so that it can in turn be used as the basis for medical and legal practice. Giving children the right to make their own decision pertaining to their medical treatment could be regarded as giving them justice in determining their own well-being. In this article the writers will refer to Malaysian laws that are relevant to the issue and henceforth determine whether there is a need for a specific law to be introduced dealing with consent to medical treatment by children.

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Azira Tengku Zainudin, Tengku Noor., & Rahim, Abdul Anita. (2013). Child Patient and Consent to Medical Treatment in Malaysia: A Legal Perspective. Journal of Global Peace and Conflict, 1(1), pp. 41-48.

Gardner, B.A.1999. Black’s Law Dictionary, 7thedition, St. Paul, Minnesota: West Group.

Dickens, B.M & Cook, R.J., 21 November 2007 Adolescents and Consent to Treatment, Ethical and Legal Issues in Reproductive Health, International Journal of Gynaecology & Obstetrics, http://www.sciencedirect.com/science?_ob

McHale, et.al.2001. Health Care Law: Text, Cases and Materials.London:Sweet&Maxwell.

Wilson, J. et.al.,1995. My Body, My Decision: Children’s Consent to Medical Treatment, Discussion Paper 001/95, National Children’s and Youth Law Centre, Sydney, March 1995

McHale, et.al.2001.Health Care Law; Text, Cases and Materials.London: Sweet&Maxwell

Hartman, R. 2001. Adolescent Decisional Autonomy for Medical Care: Physician Perceptions and Practices.8 Uni. Chic.Law Sch Roundtable.

Potter, J.2006. Rewriting The Competency Rules for Children: Full Recognition of the Young Person As Rights-Bearers.14 JLM 64.

K.Inbasegaran.2003.When Can Anaethetisys Say No To Surgery?,Newsletter of the Malaysian Society of Anaesthesiologysts and the College of Anaesthesiologysts, Academy of Medicine of Malaysia, Vol. 5 No. 4 Nov

Leong WaKum. 2007. Elements of Family Law in Singapore, Singapore: LexisNexis.

Tengku Noor Azira Tengku Zainudin
Anita Abdul Rahim
Law Faculty National University of Malaysia
43600 Bangi, Selangor, Malaysia.