The Meaning of a Valid Consent to Medical Treatment in Malaysia: Tan Ah Kau V Government of Malaysia Revisited

A doctor can treat his patient only when a consent is deemed legally valid under the eyes of the law. A valid consent justifies any medical treatment or procedure that a patient requires. Since most treatment will usually involves some kind of physical contact between a doctor and his patient, any medical treatment given without first obtaining a valid consent can tantamount to a battery under the law of torts in Malaysia. However, medical cases relating to the issue of consent have always been decided by the courts in this country under the spectrum of the law of medical negligence as opposed to the law of trespass, specifically, battery. Consequently, there exists a need to determine what is actually meant by a valid consent in law. This determination is crucial as it will enable the aggrieved party to choose the most appropriate cause of action to be taken when the validity of consent given is being challenged