JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] This judgment discusses, among others, the effect of the "Egg-Shell Skull" rule or "Thin Skull" rule (a tortfeasor takes the victim as the tortfeasor finds the victim) in medical negligence claims

B. Background

[2] I will refer to the parties as they were in the High Court.

[3] The plaintiff (Plaintiff) was pregnant with her second child in 2013. On 11 November 2013, the Plaintiff was referred to Hospital Sultanah Aminah, Johor Bahru (Hospital), from "Klinik Kesihatan". At that time-

(1) the foetus inside the Plaintiff's uterus was at about 33 weeks of gestation;

(2) the Plaintiff was diagnosed with "Placenta Praevia Type III Posterior" [PP Type 3 (Posterior)]; and

(3) the Plaintiff had no prior history of antepartum haemorrhage (bleeding from the genital tract prior to delivery of baby).

[4] The Plaintiff was scheduled for an elective Caesarean section (C-section) on 16 December 2013 [at 38 weeks' period of amenorrhoea (period of time without menstruation)]. While waiting for the elective C-section, the Plaintiff was warded in the Hospital for rest and monitoring.