Dr Esa Kamaruzaman 1. ) Neville Anak Michael Gomis 2. ) Mahkota Medical Centre Sdn. Bhd. 3. ) Dr Nor Azlina binti Awang

Dr Esa Kamaruzaman 1. ) Neville Anak Michael Gomis 2. ) Mahkota Medical Centre Sdn. Bhd. 3. ) Dr Nor Azlina binti Awang

The Court of Appeal upheld the High Court's factual finding that the 3rd defendant attempted an unsuccessful central venous line insertion on the left side, supported by plaintiff witness evidence and expert opinion linking a fractured catheter tip to air embolism and pneumothorax which materially contributed to death; Bolam/Bolitho principles govern the standard of care for treatment and the absence of rebuttal expert evidence weighed against the appellant. Quantum was largely sustained except the aggravated damages award was excessive and reduced to RM100,000.

Citation
M-02(NCvC)(W)-1139-06/2022 (Mahkamah Rayuan)
Parties
Appellant (3rd Defendant Below): Dr Esa Kamaruzaman; 1st Respondent (plaintiff Below): Dr Neville Anak Michael Gomis; 2nd Respondent (1st Defendant Below): Mahkota Medical Centre Sdn Bhd; 3rd Respondent (2nd Defendant Below): Dr Nor Azlina binti Awang
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
26 November 2024
Case Number
M-02(NCvC)(W)-1139-06/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (medical Negligence) / Court of Appeal Judgment on Appeal From High Court (liability and Quantum Reviewed)
Outcome
Appeal dismissed on liability; appeal allowed in part on quantum to reduce aggravated damages from RM500,000 to RM100,000; remaining High Court awards affirmed; costs awarded to respondents.
Legal Topics
Standard of Care (bolam/bolitho), Causation (air Embolism/pneumothorax), Quantum of Damages (loss of Earnings, Care Costs, Aggravated Damages), Admissibility and Weight of Expert Evidence, Application of Courts of Judicature Act S.69(4)
Source Language
Malay/English
Medical Negligence Tort Vicarious Liability Contractual/non Delegable Duty of Care Damages Standard of Care (bolam/bolitho) Causation (air Embolism/pneumothorax) Quantum of Damages (loss of Earnings, Care Costs, Aggravated Damages) +2 more

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Parties

Dr Esa Kamaruzaman

Appellant (3rd Defendant Below)

Dr Neville Anak Michael Gomis

1st Respondent (plaintiff Below)

Mahkota Medical Centre Sdn Bhd

2nd Respondent (1st Defendant Below)

Dr Nor Azlina binti Awang

3rd Respondent (2nd Defendant Below)

Procedural Posture

Civil Appeal (medical Negligence) / Court of Appeal Judgment on Appeal From High Court (liability and Quantum Reviewed)

Legal Issues

  1. 1 Whether 3rd defendant was negligent in attempted insertion of central venous line causing pneumothorax and air embolism leading to death
  2. 2 Whether hospital is vicariously liable / owed non-delegable duty (not appealed)
  3. 3 Whether High Court correctly assessed quantum for loss of earnings, maid costs and aggravated damages

Ratio Decidendi

The Court of Appeal upheld the High Court's factual finding that the 3rd defendant attempted an unsuccessful central venous line insertion on the left side, supported by plaintiff witness evidence and expert opinion linking a fractured catheter tip to air embolism and pneumothorax which materially contributed to death; Bolam/Bolitho principles govern the standard of care for treatment and the absence of rebuttal expert evidence weighed against the appellant. Quantum was largely sustained except the aggravated damages award was excessive and reduced to RM100,000.

Court Disposition

Appeal dismissed on liability; appeal allowed in part on quantum to reduce aggravated damages from RM500,000 to RM100,000; remaining High Court awards affirmed; costs awarded to respondents.

Orders

  • Dismiss the 3rd defendant's appeal on liability
  • Substitute aggravated damages award with RM100,000 (reduced from RM500,000)