Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

TORT — NEGLIGENCE — MEDICAL NEGLIGENCE — A MISSED LIFELINE: COURT HOLDS MEDICAL TEAM LIABLE FOR BRAIN DAMAGE IN HIGH-RISK PREGNANCY CASE

Summary and Facts

The plaintiff was admitted to a hospital owned by the 17th defendant at 33 weeks of gestation, diagnosed with Placenta Praevia Type III, classifying her as a high-risk obstetric patient. After undergoing an emergency caesarean section, the plaintiff collapsed, was resuscitated, and then transferred to the Intensive Care Unit (ICU). Following further care, the plaintiff suffered severe and irreversible brain damage, leading to permanent physical and mental disabilities.

Legal Issues

  • Did the defendants commit negligence?
  • Did the defendants breach their duty of care?
  • Did the breach of duty by the defendants cause the injuries and damages to the plaintiff?
  • Is the plaintiff entitled to special damages, pre-trial damages, damages for pain and suffering, loss of amenities of life, future general damages, and costs?

Court Findings

  • The standard of care expected of the defendants was aligned with the Federal Court decision in Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors.
  • Proper documentation of diagnosis, treatment, and medical plans in a patient’s records was essential, a fact admitted by one of the doctors during cross-examination.
  • Discrepancies were found between the estimated blood loss and the amount of blood transfused.
  • The court noted incomplete medical records for the period between 1 pm and the time the plaintiff was transferred to the ICU.
  • Witness testimony revealed that the danger stemmed from an underestimation of blood loss, leading to insufficient and delayed blood transfusions.
  • The court found that the defendants, including doctors and nurses, failed to respond to warning signs, resulting in oxygen deprivation and subsequent brain damage. The multidisciplinary team was collectively held liable for failing to monitor the plaintiff’s condition in the ICU properly.

Reference Cases

  • Bolam v Friern Hospital Management Committee [1957] 2 All ER 118
  • Rogers v Whitaker (1992) 175 CLR 479 (HC)
  • Bolitho v City and Hackney Health Authority [1997] 3 WLR 1151
  • Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 MLJ 593
  • Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors [2017] 5 MLJ 438; [2017] 5 MLRA 399; [2017] 8 CLJ 605
  • Yusnita bt Johari (suing through her husband and litigation representative Khairil Faiz bin Rahamat) v Dr Jerilee Mariam Khong & Ors [2023] 9 MLJ 629
Back to Latest Legal Updates

Sorotan Terkini

NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.

Read More »
12 Januari ,2025 Tiada Ulasan

SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY

In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.

Read More »
12 Januari ,2025 Tiada Ulasan

EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW

The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.

Read More »
12 Januari ,2025 Tiada Ulasan

COMMERCIAL CONTRACT – FORCE MAJEURE OR JUST EXCUSES? LESSONS FROM LITASCO V DER MOND OIL [2024] 2 LLOYD’S REP 593

The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.

Read More »
1 Januari ,2025 Tiada Ulasan

SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE

The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.

Read More »
1 Januari ,2025 Tiada Ulasan

LAND LAW – PROPERTY SOLD TWICE: OWNERSHIP NOT TRANSFERRED IN FIRST SALE

This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.

Read More »
1 Januari ,2025 Tiada Ulasan
ms_MYMY
en_USEN zh_TWZH ms_MYMY
× Hubungi Kami