NOOR AZUKEE BIN MOHD NOOR MD SAYUTI BIN MD YUNUS (NO. K/P: 680113-03-5261)

NOOR AZUKEE BIN MOHD NOOR MD SAYUTI BIN MD YUNUS (NO. K/P: 680113-03-5261)

The High Court upheld the Sessions Court finding of medical negligence in the non-emergency second-stage treatment because the appellant failed the standard duty of care (failed to examine, explain, refer or perform appropriate repair), but held res ipsa loquitur was wrongly applied; the RM100,000 award for...

Source-derived case information.

Citation
DA-12B-24-10/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: Noor Azukee bin Mohd Noor; Respondent/plaintiff: Md Sayuti bin Md Yunus
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 August 2021
Case Number
DA-12B-24-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Medical Negligence / Appeal to High Court From Sessions Court
Outcome
Appeal allowed in part and otherwise dismissed; liability and most awards affirmed; RM100,000 permanent disability award set aside; costs awarded to appellant RM5,000 subject to taxation.
Legal Topics
Duty of Care, Standard of Care (bolam/bolitho), Res Ipsa Loquitur, Damages Assessment, Consent and Emergency Treatment
Medical Negligence Tort Civil Procedure Duty of Care Standard of Care (bolam/bolitho) Res Ipsa Loquitur Damages Assessment Consent and Emergency Treatment

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Summary, issues, holding and outcome

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Parties

Noor Azukee bin Mohd Noor

Appellant/defendant

Md Sayuti bin Md Yunus

Respondent/plaintiff

Procedural Posture

Civil Appeal Medical Negligence / Appeal to High Court From Sessions Court

Legal Issues

  1. 1 Whether the standard of care applied in Dr Hari Krishnan (duty to advise vs treatment standard) applies given emergency treatment
  2. 2 Whether res ipsa loquitur was properly applied
  3. 3 Whether RM100,000 award for long-term/permanent disability was supported by pleadings and evidence

Ratio Decidendi

The High Court upheld the Sessions Court finding of medical negligence in the non-emergency second-stage treatment because the appellant failed the standard duty of care (failed to examine, explain, refer or perform appropriate repair), but held res ipsa loquitur was wrongly applied; the RM100,000 award for permanent disability was set aside because it was not pleaded nor supported by positive evidence; other awards (RM250 special, RM30,000 general, RM50,000 exemplary) and interest as originally awarded were affirmed; costs of the appeal were fixed at RM5,000 subject to taxation.

Court Disposition

Appeal allowed in part and otherwise dismissed; liability and most awards affirmed; RM100,000 permanent disability award set aside; costs awarded to appellant RM5,000 subject to taxation.

Orders

  • Appeal allowed in part and the RM100,000 award for long-term/permanent disability is set aside
  • Findings of liability and other awards by the Sessions Court are affirmed (special damages RM250; general damages RM30,000; exemplary damages RM50,000; interest and other interest orders as previously awarded by the Sessions Court)