The Medical Affidavit is a crucial document in Malaysian legal and healthcare proceedings, serving as a formal sworn statement that bridges medical expertise with legal requirements. This document type is commonly required when medical professionals need to provide expert testimony, document patient conditions, or present professional opinions in a legally admissible format. The affidavit must comply with both the Malaysian Oaths and Affirmations Act 1949 and the Medical Act 1971, ensuring it meets both legal and medical professional standards. It's typically used in medical negligence cases, insurance claims, disability assessments, workers' compensation cases, and other situations where formal medical testimony is required. The document must be sworn before a Commissioner for Oaths and contains detailed medical information, professional qualifications, and expert opinions based on medical examination or review of medical records.
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1. Title and Court Details: Specifies the court jurisdiction, case number if applicable, and title of the affidavit
2. Deponent Information: Full name, professional qualifications, registration number, current position, and place of practice of the medical professional making the affidavit
3. Basis of Knowledge: Statement explaining the deponent's involvement in the case and the source of their knowledge
4. Patient Information: Details of the patient including full name, identification number, and relevant demographic information
5. Medical Facts: Chronological presentation of relevant medical facts, treatments, procedures, and observations
6. Professional Opinion: Medical opinions and conclusions based on the stated facts and professional expertise
7. Declaration of Truth: Formal statement declaring that the contents are true to the best of the deponent's knowledge
8. Execution Block: Space for signature, date, and commissioner for oaths' attestation
1. Reference to Prior Medical Records: Section citing and summarizing previous medical records when the affidavit relates to historical medical events
2. Third Party Observations: Including observations or reports from other medical professionals when multiple healthcare providers were involved
3. Capacity Assessment: Specific section addressing the patient's mental capacity when relevant to legal proceedings
4. Treatment Recommendations: Future medical recommendations when the affidavit is used for treatment planning or court orders
5. Cost of Care: Detailed breakdown of medical costs when the affidavit is used in insurance or compensation claims
1. Medical Records: Copies of relevant medical records, test results, and clinical notes
2. Diagnostic Images: Relevant X-rays, MRI scans, or other medical imaging with annotations
3. Laboratory Reports: Copies of laboratory test results referenced in the affidavit
4. Professional Credentials: Copies of relevant professional qualifications and certifications
5. Medical Literature: Relevant medical research or literature supporting professional opinions expressed in the affidavit
6. Photographic Evidence: Photographs of injuries, conditions, or medical procedures when relevant
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