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Cheah Teh Su
Office in Kuala Lumpur, serves Chow Kit, Malaysia

Founded in 1989
80 people in their team
English
Chinese
Malay
German
Japanese
Thai
Established in 1989, Cheah Teh Su is a leading Malaysian law firm recognised for dispute resolution, corporate and commercial matters, and high-stakes multi-jurisdictional cases. Our dispute resolution practice is ranked by The Legal 500 Asia-Pacific and Chambers & Partners, with partners who...
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When a professional negligence claim in Chow Kit may be worth pursuing

Professional negligence claims arise when a professional fails to meet the standard reasonably expected in their work, and that failure causes loss. In Chow Kit, this may involve services used by residents, workers, traders, or businesses, whether the professional works in the neighbourhood or elsewhere in Kuala Lumpur.

Potential claims can concern medical treatment, legal advice, accounting, financial advice, or design and building work. A poor result alone is not enough: a claim generally needs evidence of a professional duty, a breach, a link between the breach and the harm, and measurable loss.

Records matter. Keep contracts, invoices, messages, reports, medical records, and photographs, and note important dates. A lawyer can assess the evidence, identify the proper defendant, and check deadlines before you decide whether to pursue a claim.

Situations where a lawyer may help

  • A patient treated at a clinic or hospital used by Chow Kit residents suffers harm after a missed diagnosis, medication error, or inadequate follow-up.
  • A lawyer handling a tenancy, business, or employment dispute misses a court deadline or gives advice that causes a financial loss.
  • An accountant’s error in preparing business accounts or tax filings leads to penalties, extra costs, or a disputed assessment.
  • An architect or engineer’s plans for a shop or building renovation fail to address safety or building requirements, resulting in defects or costly remedial work.
  • A financial adviser gives unsuitable advice about an investment, and the client incurs a loss that appears linked to that advice.
  • A professional denies responsibility, disputes the cause of the loss, or asks you to accept a settlement before you understand its effect.

Malaysian laws relevant to professional negligence claims

The Limitation Act 1953 generally sets a six-year period for actions founded on contract or tort, running from when the cause of action accrues. The applicable deadline can depend on the facts and the type of defendant, so obtain advice promptly rather than assuming the period starts when you discover the problem.

The Legal Profession Act 1976 regulates advocates and solicitors in Peninsular Malaysia. A complaint to a professional disciplinary body is distinct from a civil claim seeking compensation for loss.

The Private Healthcare Facilities and Services Act 1998 governs private healthcare facilities and services. It may be relevant to the setting in which treatment was provided, but it does not by itself establish that a patient is entitled to compensation for negligence.

Frequently asked questions

What must I prove in a professional negligence claim?

You generally need to show that the professional owed you a duty, fell below the required standard, and caused loss as a result. The evidence and applicable standard vary by profession and circumstances. Expert evidence may be needed, especially in medical or technical disputes.

Is a bad outcome enough to make a claim?

No. An unsuccessful treatment, investment, or project does not automatically mean the professional was negligent. The key questions are whether the professional’s conduct fell below the relevant standard and whether that caused a loss.

How long do I have to start a claim?

The Limitation Act 1953 generally provides six years for actions founded on contract or tort, measured from when the cause of action accrues. Different rules or procedural requirements may apply to particular claims, including claims involving public authorities. Have a lawyer check the deadline as soon as possible.

Can I claim for negligence at a government hospital?

A claim involving a government hospital may raise additional procedural issues because the defendant may be the Government of Malaysia or a public authority. The proper defendant, applicable requirements, and time limits need to be checked against the facts. Do not assume the process is identical to a claim against a private clinic.

Do I need an expert report before contacting a lawyer?

No. You can seek an initial legal assessment with the documents you already have. A lawyer can advise whether expert evidence is likely to be needed and how it should be obtained.

Can I complain to a regulator instead of suing?

You may be able to make a complaint to a relevant professional or healthcare regulator. A disciplinary complaint can address professional conduct, but it is not the same as a civil claim for compensation and may not recover your financial loss.

How much does a professional negligence lawyer cost in Kuala Lumpur?

Fees depend on the complexity of the dispute, the work required, and whether proceedings are needed. Ask for the proposed fee basis, likely disbursements, and what is included before agreeing to representation. There is no single standard fee for these claims.

Can I claim if I signed a consent form or service agreement?

A signed document does not automatically prevent a claim, but its terms and the circumstances matter. A lawyer can assess whether it affects responsibility, the scope of the service, or the loss you can claim.

Can a complaint to the Malaysian Bar recover money from my former lawyer?

A professional conduct complaint and a compensation claim serve different purposes. The Advocates and Solicitors Disciplinary Board handles disciplinary matters, while a civil claim may be needed to seek compensation. Get advice on the appropriate route and any applicable deadlines.

How long will a claim take?

Timing depends on the evidence, whether liability is admitted, and whether the dispute settles or proceeds through court. Obtaining records and expert opinions can take time. A lawyer can give a more realistic estimate after reviewing the case.

What if the professional denies causing my loss?

Preserve the relevant records and avoid altering or deleting messages, reports, or photographs. A lawyer can assess causation, identify evidence that may be missing, and advise whether an expert opinion or formal claim is appropriate.

Official resources

  • Malaysian Medical Council: Provides information about medical practitioner regulation and handles complaints concerning registered medical practitioners. A disciplinary complaint is separate from a compensation claim.
  • Advocates and Solicitors Disciplinary Board: Handles disciplinary complaints against advocates and solicitors in Peninsular Malaysia. Its process is not a substitute for a civil claim for damages.
  • Malaysian Bar: Provides information about the legal profession and can help the public find information about advocates and solicitors. Check a lawyer’s current practising status before engaging them.

Steps to find and hire a lawyer

  1. Make a short chronology. Within a few days, list what happened, when you received the service, when you noticed the problem, and what loss followed.
  2. Gather documents. Collect contracts, invoices, correspondence, professional reports, medical records, photographs, and evidence of financial loss. Keep originals safe and provide copies for review.
  3. Check urgent deadlines. Ask a lawyer to assess limitation periods and any special requirements promptly, especially if a court deadline or government defendant may be involved.
  4. Shortlist suitable lawyers. Look for a practising advocate and solicitor with experience in the relevant type of negligence claim, such as medical, legal, accounting, or construction-related disputes.
  5. Arrange an initial consultation. Ask the lawyer to explain the possible claim, evidence gaps, likely next steps, and whether expert evidence may be required.
  6. Compare costs and communication arrangements. Request written details of fees, disbursements, scope of work, and how updates will be provided before signing an engagement letter.
  7. Agree the first action plan. Once engaged, follow the lawyer’s advice on preserving evidence, requesting records, contacting the professional, and deciding whether negotiation or court proceedings are appropriate.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.