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ArticleHealth care analysis : HCA : journal of health philosophy and policy2025

Third-Party Consent To Medical Treatment in Malaysia: A Critical Analysis from Ethical and Malaysian Legal Perspectives.

Mohamad Iqhbal Bin Kunji Mohamad, Aimi Nadia Mohd Yusof, Hazdalila Yais Haji Razali, Julina Azimah Md Noor, Muhammad Aidil Idham Bin Sharom

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Article in Health care analysis : HCA : journal of health philosophy and policy, 2025. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Not yet cited in PubMed.

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5 · Who and what money

Authors and funding

5 authors.

Mohamad Iqhbal Bin Kunji MohamadFaculty of Medicine, Universiti Teknologi MARA, Sungai Buloh Campus, Selangor Branch, 47000, Jalan Hospital, Selangor, Sungai Buloh, Malaysia. iqhbal9966@uitm.edu.my.
Aimi Nadia Mohd YusofFaculty of Medicine, Universiti Teknologi MARA, Sungai Buloh Campus, Selangor Branch, 47000, Jalan Hospital, Selangor, Sungai Buloh, Malaysia.
Hazdalila Yais Haji RazaliFaculty of Medicine, Universiti Teknologi MARA, Sungai Buloh Campus, Selangor Branch, 47000, Jalan Hospital, Selangor, Sungai Buloh, Malaysia.
Julina Azimah Md NoorFaculty of Medicine, Universiti Teknologi MARA, Sungai Buloh Campus, Selangor Branch, 47000, Jalan Hospital, Selangor, Sungai Buloh, Malaysia.
Muhammad Aidil Idham Bin SharomFaculty of Medicine, Universiti Teknologi MARA, Sungai Buloh Campus, Selangor Branch, 47000, Jalan Hospital, Selangor, Sungai Buloh, Malaysia.

Funding

No grant is acknowledged in the PubMed record.

6 · The paper itself

Abstract

Third-party consent, while common in medical practice, presents complex ethical dimensions and intricate legal connotations. In Malaysia, the absence of comprehensive legislation governing third-party consent for adults lacking decision-making capacity due to temporary conditions creates profound dilemmas for healthcare professionals. This article critically examines these challenges through a compelling case study of an 18-year-old female with respiratory failure who required immediate invasive intervention but did not receive consent from her mother. Despite medical urgings and a favourable prognosis, the mother's refusal highlights the difficulties healthcare providers face when navigating between their ethical obligations to act in the patient's best interests and the patient's family's wishes. Employing a dual analysis from ethical and Malaysian legal perspectives, the study explores the tensions between universal medical ethics-particularly the principles of autonomy, beneficence, and non-maleficence-and the existing Malaysian legal framework. It reveals contradictions between the Malaysian Medical Council's guidelines, which appear to grant decision-making authority to family members, and English common law principles that emphasise acting in the patient's best interests, especially in emergency situations. This inconsistency generates significant uncertainty for healthcare professionals, potentially compromising patient care and exposing physicians to litigation when acting without explicit consent. Through systematic examination of both emergency and non-emergency scenarios, the article underscores the urgent need for comprehensive legislation in Malaysia to address third-party consent, particularly for patients not covered by the Mental Health Act 2001. It advocates for laws that clearly differentiate between emergency and non-emergency situations, delineate the authority of relatives and legal guardians, and align with international practices and fundamental medical ethics principles. By harmonising legal statutes with ethical imperatives, Malaysia can resolve the contradictions that currently jeopardise patient welfare and physician security. These findings have important implications for healthcare policy development and clinical practice, emphasising the necessity for ethical and legal coherence in medical care in Malaysia.

Indexed as

Decision-making capacityFamily refusal of treatmentMalaysian medicolegal frameworkMedical ethics in MalaysiaSurrogate decision-makingThird-party consent

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Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.