JUDGMENT

Raus Sharif CJ:

[1] These two appeals are against the decision of the Court of Appeal, which affirmed the decision of the High Court in allowing the claim in medical negligence brought by Megat Noor Ishak Megat Ibrahim (the plaintiff). The plaintiffs claim was brought against the 1st defendant, ophthalmologist Dr Hari Krishnan (Dr Hari), the 2nd defendant, anaesthetist Dr Mohamed Namazie (Dr Namazie), and the 3rd defendant, the Tun Hussein Onn National Eye Hospital (the Hospital).

[2] Appeal No: 02(f)-21-03-2015 (Doctors Appeal) was filed by Dr Hari and Dr Namazie. In the Doctors Appeal, this court granted leave for the following two questions:-

"(i) Whether it is the Bolam test or the test in the Australian case of Rogers v. Whitaker [1993] 4 Med LR 79 which should be applied to the standard of care in medical negligence, following, after the decision of Federal Court in Foo Fio Na v. Dr Soo Fook Mun & Anor [2006] 2 MLRA 410; [2007] 1 MLJ 593; [2007] 1 CLJ 229; [2002] 2 AMR 1524, conflicting decisions of the Court of Appeal of Malaysia, conflicting decisions of the High Court in Malaysia, and the legislative changes in Australia, including the re-introduction there of a modified Bolam test"; and