Question 1

The Court viewed the Bolam's approach as being "over protective and deferential" to the medical profession. It is the court that determines reasoning of doctors' conduct, and not the profession. The Federal Court opined that "the Rogers v Whitaker test would be a more appropriate and a viable test of this millennium."

Based on the above, discuss the distinguished features between the above stated tests and their current applications in the area of medical negligence in Malaysia.