The article discusses a Malaysian Court of Appeal case affirming that while doctors must take a patient’s medical history, they are entitled to rely on the information provided. Patients have a legal duty to provide accurate history, and doctors are not generally required to verify past records unless specific circumstances demand it.
When a patient presents for the first time before a physician, the physician is obliged to take the patient’s medical history (1). This medical history is typically obtained by asking a series of questions related to the patient’s health, family history, previous medical treatment and other relevant factors.
If the medical history narrated by the patient to the physician has gaps, is inaccurate or incomplete, there is a likelihood that the diagnosis, treatment and management of the patient could go wrong, with potentially disastrous consequences. Therefore, the question arises, can a doctor rely on the medical history narrated to him by the patient or does the doctor owe the patient a duty to independently verify the medical history related by the patient?
This novel issue arose before the Court of Appeal in [2022] 3 MLJ 484; [2022] 3 CLJ 797 (‘the Case’).
This article is co-authored by Sreether Sundram (Azman Davidson & Co, sreether@azmandavidson.com.my) and Narandra Kangatharan (S Chrishanthini & Co)