2018

2017

Cases

DENNIS LEE THIAN POH & ORS v. MICHAEL SAMY & ANOR
Federal Court, Putrajaya
Raus Sharif CJ, Ahmad Maarop CJM, Ramly Ali, Zaharah Ibrahim, Alizatul Khair Osman Khairuddin FCJJ
[Civil Appeal No: 02(f)-80-12-2013(W)]
9 July 2018
[2018] 6 MLRA 1

JUDGMENT

Raus Sharif CJ:

Introduction

[1] This appeal arose from a claim by the husband and children of the late Madam Hoh Pau Yu ("the deceased") against Dr Michael Samy, a Consultant Obstetrician and Gynaecologist ("the 1st respondent"), and Gleneagles Hospital (KL) Sdn Bhd ("the 2nd respondent"). The deceased passed away in the Gleneagles Intan Medical Centre ("the Hospital"), a private hospital owned and operated by the 2nd respondent, after a childbirth attended to by the 1st respondent.

[2] Leave to appeal was granted by this court on 5 December 2013 for the following questions of law:

Question 1

If a doctor is aware of a dearth of medical knowledge in a particularly unconventional treatment, the potential risks involved and the contraindications which resonate against it, is that doctor under an obligation to advise a patient of these facts to enable that patient to decide whether to refuse or accept that particular treatment?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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