XXXX 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN 3. ) DR ZANA ZALINDA BINTI S MOHD GHAZALI

XXXX 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN 3. ) DR ZANA ZALINDA BINTI S MOHD GHAZALI

The Court held that the person in charge of a private obstetric facility owes a direct duty of care to patients to ensure timely access to necessary specialists (including neonatal paediatricians/anaesthetists); the first and second respondents breached that duty by failing to have neonatal paediatric care available and by unacceptably delaying transfer to a NICU, and that breach materially contributed to the plaintiff's hypoxic injury and consequent cerebral palsy; the delivering doctor (third respondent) was not negligent; appeal allowed against first and second respondents and dismissed against third; matter remitted to High Court to assess damages.

Citation
W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)
Parties
Appellant (plaintiff): Nur Fuziatun binti Mohd Fadzli; First Respondent (defendant): Gombak Medical Centre Sdn Bhd; Second Respondent (defendant): Dr Noor Fidak binti Samsudin; Third Respondent (defendant): Dr Zana Zalinda S Mohd Ghazali
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
12 November 2025
Case Number
W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)
Procedural Posture
Medical Negligence Civil Appeal / Court of Appeal Judgment (appeal Allowed in Part)
Outcome
Appeal allowed in part; appeal against first and second respondents allowed; appeal against third respondent dismissed; case remitted to High Court for assessment of damages
Legal Topics
Duty of Care, Causation, Breach of Statutory/regulatory Standards, Judicial Notice, Expert Evidence
Source Language
Malay/English
Tort Medical Negligence Evidence Law Duty of Care Causation Breach of Statutory/regulatory Standards Judicial Notice Expert Evidence

Case Brief

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Parties

Nur Fuziatun binti Mohd Fadzli

Appellant (plaintiff)

Gombak Medical Centre Sdn Bhd

First Respondent (defendant)

Dr Noor Fidak binti Samsudin

Second Respondent (defendant)

Dr Zana Zalinda S Mohd Ghazali

Third Respondent (defendant)

Procedural Posture

Medical Negligence Civil Appeal / Court of Appeal Judgment (appeal Allowed in Part)

Legal Issues

  1. 1 Whether the person in charge of a private healthcare facility owes a direct tortious duty of care to patients
  2. 2 Whether a private hospital providing obstetric services must ensure availability or timely access to specialist paediatric/neonatal care
  3. 3 Whether there was breach by defendants in failing to have paediatrician on standby and in delay of transfer to NICU

Ratio Decidendi

The Court held that the person in charge of a private obstetric facility owes a direct duty of care to patients to ensure timely access to necessary specialists (including neonatal paediatricians/anaesthetists); the first and second respondents breached that duty by failing to have neonatal paediatric care available and by unacceptably delaying transfer to a NICU, and that breach materially contributed to the plaintiff's hypoxic injury and consequent cerebral palsy; the delivering doctor (third respondent) was not negligent; appeal allowed against first and second respondents and dismissed against third; matter remitted to High Court to assess damages.

Court Disposition

Appeal allowed in part; appeal against first and second respondents allowed; appeal against third respondent dismissed; case remitted to High Court for assessment of damages

Orders

  • Allow appeal against first and second respondents and dismiss appeal against third respondent
  • Remit case to High Court to assess damages before another High Court judge