NORSHUHADA BINTI SHAHARUDDIN 1. ) Syed Faizal Shah Bin Syed Gulzar Ali Shah Sebagai Wasi Tunggal Kepada Harta Pusaka Dr. Zarina Bibi Bt Shah Mohd [Si Mati] [No. Mmc: 22471] 2. ) Dr. Mohd Daud Bin Yahya 3. ) Hospital Bersalin & Poliklinik Pu

NORSHUHADA BINTI SHAHARUDDIN 1. ) Syed Faizal Shah Bin Syed Gulzar Ali Shah Sebagai Wasi Tunggal Kepada Harta Pusaka Dr. Zarina Bibi Bt Shah Mohd [Si Mati] [No. Mmc: 22471] 2. ) Dr. Mohd Daud Bin Yahya 3. ) Hospital Bersalin & Poliklinik Pu

On the balance of probabilities the court accepted the plaintiff's expert (SP1) and contemporaneous records showing failures: inadequate continuous CTG monitoring, failure to obtain/record informed consent and risk advice, inappropriate use of vacuum, delay to perform caesarean and failure of hospital to ensure timely anaesthetist. Defendant1 and defendant3 were held liable; liability apportioned 50:50 between defendant1 and defendant3. No separate award for death of baby was allowed because claim did not plead damages for the baby; damages for maternal injuries and pain and suffering were awarded as quantified.

Citation
BA-23NCvC-56-11/2022 (Mahkamah Tinggi)
Parties
Plaintif: Norshuhada binti Shaharuddin; Defendan Pertama: Syed Faizal Shah bin Syed Gulzar Ali Shah (Wasi Tunggal kepada harta pusaka Dr Zarina Bibi Binti Shah Mohd); Defendan Kedua: Dr Mohd Daud bin Yahya; Defendan Ketiga: Hospital Bersalin & Poliklinik Pusrawi (aka DBM Medical Group Sdn Bhd)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 December 2025
Case Number
BA-23NCvC-56-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Medical Negligence Claim / Judgment After Full Trial
Outcome
Plaintiff's claim allowed in part; judgment entered against defendant1 and defendant3, liability apportioned 50% to defendant1 and 50% to defendant3; claim against defendant2 not pursued/defendant2 in default or bankrupt
Legal Topics
Duty of Care, Standard of Care, Causation, Non Delegable Duty of Hospital, Informed Consent, Quantum of Damages, Expert Evidence
Source Language
Malay/English
Medical Negligence Tort Civil Procedure Health Regulation Duty of Care Standard of Care Causation Non Delegable Duty of Hospital +3 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 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Norshuhada binti Shaharuddin

Plaintif

Syed Faizal Shah bin Syed Gulzar Ali Shah (Wasi Tunggal kepada harta pusaka Dr Zarina Bibi Binti Shah Mohd)

Defendan Pertama

Dr Mohd Daud bin Yahya

Defendan Kedua

Hospital Bersalin & Poliklinik Pusrawi (aka DBM Medical Group Sdn Bhd)

Defendan Ketiga

Procedural Posture

Civil Medical Negligence Claim / Judgment After Full Trial

Legal Issues

  1. 1 Whether defendant1 and defendant2 breached duty of care to plaintiff
  2. 2 Whether defendant1/defendant2 exercised the standard of skill and care expected of competent medical practitioners
  3. 3 Whether absence of defendant1 from theatre absolves liability

Ratio Decidendi

On the balance of probabilities the court accepted the plaintiff's expert (SP1) and contemporaneous records showing failures: inadequate continuous CTG monitoring, failure to obtain/record informed consent and risk advice, inappropriate use of vacuum, delay to perform caesarean and failure of hospital to ensure timely anaesthetist. Defendant1 and defendant3 were held liable; liability apportioned 50:50 between defendant1 and defendant3. No separate award for death of baby was allowed because claim did not plead damages for the baby; damages for maternal injuries and pain and suffering were awarded as quantified.

Court Disposition

Plaintiff's claim allowed in part; judgment entered against defendant1 and defendant3, liability apportioned 50% to defendant1 and 50% to defendant3; claim against defendant2 not pursued/defendant2 in default or bankrupt

Orders

  • General damages RM200000 awarded to plaintiff for pain and suffering
  • Aggravated/serious injury damages RM200000 awarded to plaintiff