[2023] 4 MLRH 263
High Court Malaya, Johor Bahru
Ahmad Kamal Md Shahid J
[Suit No: JA-21NCVC-17-12-2016]
Ahmad Kamal Md Shahid J


Ahmad Kamal Md Said J:


[1] The plaintiff's claim is in medical negligence and/or breach of contract against the Defendants for injuries and losses suffered as a result of the treatment and management of the plaintiff by the Defendants.

[2] The plaintiff claims general damages, special damages, interest and costs in respect of the injuries and losses suffered.

[3] After the hearing, I allowed the plaintiff's claim. This judgment contains the full reasons for my decision.

Background Facts

[4] The background facts as set out in the Statement of Claim are as follows:

4.1 The plaintiff at the material time was 33 years old, suffers from serious and irreversible brain damage rendering her of unsound mind, and brings this claim by her husband and litigation representative Khairil Faiz bin Rahamat;

4.2 The plaintiff and her husband were married on 10 October 2010 and have 2 children, one born on 23 November 2011 and the other on 12 December 2013;

4.3 At all material times the plaintiff was working as an administrative clerk in a company called "Muda Jaya Corporation Sdn Bhd";

4.4 The 1st to 16th defendants are the doctors and nurses who had attended to the plaintiff in Hospital Sultanah Aminah Johor Bahru, (the Hospital) and which is owned and managed by the 17th defendant;

4.5 The 1st to 16th defendants are the servants and agents of the 17th defendant at the Hospital;

4.6 The plaintiff was admitted to the Hospital on 11 November 2013 at about 33 weeks of gestation with a diagnosis of type III placenta praevia, making the plaintiff a high-risk obstetric case;

4.7 On 12 December 2013, the plaintiff underwent an emergency Caesarean section for the delivery of her baby;

4.8 Later, the plaintiff collapsed and was resuscitated and later transferred to the Intensive Care Unit (ICU) of the Hospital;

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