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Regulating advance decision-making: potential and challenges for Malaysia.

Hui Yun Chan1

  • 1The Law School, Huddersfield Business School, University of Huddersfield, Huddersfield, UK.

Asian Bioethics Review
|March 15, 2021
PubMed
Summary

Advance directives, or living wills, allow patients to refuse treatment. In Malaysia, while not legally mandated, healthcare practitioners see their value. Public education is crucial before implementing a statutory framework for advance decision-making.

Keywords:
Advance directivesAutonomyDecision-makingMalaysiaPatient care

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Area of Science:

  • Bioethics
  • Healthcare Law
  • Medical Policy

Background:

  • The right to refuse medical treatment is widely accepted.
  • Advance directives, tools for expressing treatment preferences, face ongoing debate.
  • Malaysia lacks specific legislation or judicial precedent for advance decision-making.

Purpose of the Study:

  • To examine the potential and challenges of implementing a statutory framework for advance directives in Malaysia.
  • To explore the perceived utility of advance decision-making among Malaysian healthcare practitioners.
  • To advocate for increased public awareness and knowledge dissemination on advance decision-making.

Main Methods:

  • Review of legal and bioethical discourse on advance directives.
  • Analysis of statutory frameworks from other jurisdictions.
  • Exploratory analysis of the Malaysian healthcare context.

Main Results:

  • Healthcare practitioners in Malaysia recognize the utility of advance directives in patient care management.
  • Despite the absence of legislation, there is a perceived need for advance decision-making tools.
  • Relevant regulatory examples from other jurisdictions offer insights for Malaysia.

Conclusions:

  • Implementing a statutory framework for advance decision-making in Malaysia requires careful consideration of potential challenges.
  • Enhanced public awareness and education among both the population and healthcare practitioners are essential prerequisites.
  • Further understanding and knowledge dissemination should precede the formal implementation of a statutory regime.