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Considerations for Introducing Legislation on Advance Decisions in Malaysia

Considerations for Introducing Legislation on Advance Decisions in Malaysia Despite significant advances in medicine, death remains a certainty for every living human being. End-of-life care decision-making is not made easier in a multi-cultural and multi-religious society like Malaysia. As such, planning for one's death by making Advance Decisions can be immensely valuable as it can help healthcare providers in Malaysia to understand better the preferences and wishes of their patients. However, compared to other countries, there is currently no specific legislation on any form of Advance Decisions in Malaysia despite many doctors voicing a need for them. Unlike the Mental Capacity Act 2005 in the UK, the Malaysian Mental Health Act 2001 does not cover all instances of incapacity and only applies to those who suffer from a mental disorder as defined in the Act. In the absence of legislation, one could look to ethical guidelines, especially from the Malaysian Medical Council, but find that this can sometimes be problematic. It is argued that a concerted effort involving all relevant parties is required to develop a pragmatic and viable Advance Decisions frameworkl in Malaysia. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian Bioethics Review Springer Journals

Considerations for Introducing Legislation on Advance Decisions in Malaysia

Tan Kiak Min, Mark
Asian Bioethics Review , Volume 10 (1) – Mar 17, 2018
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References (16)

Publisher
Springer Journals
Copyright
Copyright © 2018 by National University of Singapore and Springer Nature Singapore Pte Ltd.
Subject
Philosophy; Bioethics; Ethics; Medical Law; Public Health; Biomedicine, general; Health Administration
ISSN
1793-8759
eISSN
1793-9453
DOI
10.1007/s41649-018-0048-x
Publisher site
See Article on Publisher Site

Abstract

Despite significant advances in medicine, death remains a certainty for every living human being. End-of-life care decision-making is not made easier in a multi-cultural and multi-religious society like Malaysia. As such, planning for one's death by making Advance Decisions can be immensely valuable as it can help healthcare providers in Malaysia to understand better the preferences and wishes of their patients. However, compared to other countries, there is currently no specific legislation on any form of Advance Decisions in Malaysia despite many doctors voicing a need for them. Unlike the Mental Capacity Act 2005 in the UK, the Malaysian Mental Health Act 2001 does not cover all instances of incapacity and only applies to those who suffer from a mental disorder as defined in the Act. In the absence of legislation, one could look to ethical guidelines, especially from the Malaysian Medical Council, but find that this can sometimes be problematic. It is argued that a concerted effort involving all relevant parties is required to develop a pragmatic and viable Advance Decisions frameworkl in Malaysia.

Journal

Asian Bioethics Review – Springer Journals

Published: Mar 17, 2018

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