Lim Yoke Har 1. ) Prince Court Medical Centre Sdn Bhd 2. ) Nick Chong Chung King 3. ) Zulia Rashila Md Shafar

Lim Yoke Har 1. ) Prince Court Medical Centre Sdn Bhd 2. ) Nick Chong Chung King 3. ) Zulia Rashila Md Shafar

On balance of evidence the Court found the fall was most likely caused by mechanical failure of the old bed cot side and Prince Court Medical Centre breached its duty of care and statutory obligations (failure to report to MOH and non-disclosure of incident/internal review). Adverse inferences were drawn for non-disclosure. Liability against Prince Court was established; claims against Dr Nick Chong and Nurse Zulia were dismissed (patient conceded no liability against Dr Nick Chong). Damages awarded include special and general damages (general RM500,000), aggravated damages RM1,000,000, multiplier 3 for future losses, interest at 5% (pre- and post-judgment as applied), Sanderson order and...

Citation
WA-23NCvC-70-12/2019 (Mahkamah Tinggi)
Parties
Plaintiffs (suit WA 23 Ncv C 70 12/2019): Lim Yoke Har (and Goh Seng Chin; Goh Kim Kio; Goh Seng Cha); Defendant (suit WA 23 Ncv C 70 12/2019) / Plaintiff (suit WA 22 Ncv C 397 05/2021): Prince Court Medical Centre Sdn Bhd (Company No. 599835-A); Defendant (suit WA 23 Ncv C 70 12/2019): Dr Nick Chong Chung King; Defendant (suit WA 23 Ncv C 70 12/2019): Staff Nurse Zulia Rashila Md Shafar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2024
Case Number
WA-23NCvC-70-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil: Medical Negligence (plus Separate Debt Recovery Claim) / Judgment at High Court (decision Delivered 23 10 2024); Appeals Filed to Court of Appeal
Outcome
Suit WA-23NCvC-70-12/2019: Plaintiff (Lim Yoke Har) allowed against Prince Court Medical Centre; claim against Dr Nick Chong dismissed (Sanderson order made); claim against Nurse Zulia dismissed. Suit WA-22NCvC-397-05/2021 (debt recovery by Prince Court) dismissed.
Legal Topics
Duty of Care, Causation, Breach of Statutory Reporting Duty, Discovery/non Disclosure of Documents, Adverse Inference (s114 Ea), Judge's Power to Order Production (s165 Ea), Aggravated Damages, Pre and Post Judgment Interest, Sanderson Order, Control of Funds for Person Under Disability (o 76 R 12)
Source Language
Malay/English
Medical Negligence Civil Procedure Evidence Law Administrative/public Health Law Duty of Care Causation Breach of Statutory Reporting Duty Discovery/non Disclosure of Documents +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 19 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Lim Yoke Har (and Goh Seng Chin; Goh Kim Kio; Goh Seng Cha)

Plaintiffs (suit WA 23 Ncv C 70 12/2019)

Prince Court Medical Centre Sdn Bhd (Company No. 599835-A)

Defendant (suit WA 23 Ncv C 70 12/2019) / Plaintiff (suit WA 22 Ncv C 397 05/2021)

Dr Nick Chong Chung King

Defendant (suit WA 23 Ncv C 70 12/2019)

Staff Nurse Zulia Rashila Md Shafar

Defendant (suit WA 23 Ncv C 70 12/2019)

Procedural Posture

Civil: Medical Negligence (plus Separate Debt Recovery Claim) / Judgment at High Court (decision Delivered 23 10 2024); Appeals Filed to Court of Appeal

Legal Issues

  1. 1 Why did the patient fall and who is negligent?
  2. 2 Whether non-disclosure of incident reports justifies adverse inference and affects liability
  3. 3 Whether Prince Court breached statutory duty to report to MOH

Ratio Decidendi

On balance of evidence the Court found the fall was most likely caused by mechanical failure of the old bed cot side and Prince Court Medical Centre breached its duty of care and statutory obligations (failure to report to MOH and non-disclosure of incident/internal review). Adverse inferences were drawn for non-disclosure. Liability against Prince Court was established; claims against Dr Nick Chong and Nurse Zulia were dismissed (patient conceded no liability against Dr Nick Chong). Damages awarded include special and general damages (general RM500,000), aggravated damages RM1,000,000, multiplier 3 for future losses, interest at 5% (pre- and post-judgment as applied), Sanderson order and...

Court Disposition

Suit WA-23NCvC-70-12/2019: Plaintiff (Lim Yoke Har) allowed against Prince Court Medical Centre; claim against Dr Nick Chong dismissed (Sanderson order made); claim against Nurse Zulia dismissed. Suit WA-22NCvC-397-05/2021 (debt recovery by Prince Court) dismissed.

Orders

  • Note: amounts above are as recorded in the judgment and are subject to allocatur where stated.