JAY SHREE L. C. DOSHI (secara sendiri dan sebagai Wasi dan Pemegang Amanah Estet Vinayak Prabhakar Pradhan) 1. ) AHMAD FAIZAL BIN MOHAMAD ALI 2. ) NORMALA BINTI HAJI BASIRON 3. ) Kerajaan Malaysia

JAY SHREE L. C. DOSHI (secara sendiri dan sebagai Wasi dan Pemegang Amanah Estet Vinayak Prabhakar Pradhan) 1. ) AHMAD FAIZAL BIN MOHAMAD ALI 2. ) NORMALA BINTI HAJI BASIRON 3. ) Kerajaan Malaysia

Court found 1st Defendant breached duty to obtain proper informed consent (failed to disclose TBMM concerns and material burn risk), failed to adopt appropriate intra‑operative precautions and adequate aftercare, and was therefore negligent; RFA as a method was acceptable but the manner and safeguards implemented by 1st Defendant fell below required standard; 2nd Defendant not negligent; 3rd Defendant vicariously liable for 1st Defendant; damages and costs awarded to Plaintiff and estate accordingly.

Citation
WA-21NCvC-126-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff (also Executrix): JAYSHREE L. C. DOSHI; 1st Defendant (interventional Radiologist): AHMAD FAIZAL BIN MOHAMAD ALI; 2nd Defendant (plastic Surgeon): NORMALA BINTI HAJI BASIRON; 3rd Defendant (employer/government): KERAJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2024
Case Number
WA-21NCvC-126-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Medical Negligence / Full Trial — Judgment
Outcome
Judgment for Plaintiff in part: negligence proven against 1st Defendant; 2nd Defendant not negligent; 3rd Defendant vicariously liable for 1st Defendant.
Legal Topics
Informed Consent, Standard of Care (bolam/bolitho), Duty to Warn of Material Risks (rogers V Whitaker), Aftercare, Survival Claims, Expert Evidence (s45 Evidence Act)
Source Language
Malay/English
Medical Negligence Tort Vicarious Liability Damages Civil Procedure Evidence Informed Consent Standard of Care (bolam/bolitho) +4 more

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Parties

JAYSHREE L. C. DOSHI

Plaintiff (also Executrix)

AHMAD FAIZAL BIN MOHAMAD ALI

1st Defendant (interventional Radiologist)

NORMALA BINTI HAJI BASIRON

2nd Defendant (plastic Surgeon)

KERAJAAN MALAYSIA

3rd Defendant (employer/government)

Procedural Posture

Civil Medical Negligence / Full Trial — Judgment

Legal Issues

  1. 1 Whether 1st Defendant qualified to perform RFA
  2. 2 Whether RFA was a suitable procedure
  3. 3 Whether material risks including burn risk were properly disclosed (informed consent)

Ratio Decidendi

Court found 1st Defendant breached duty to obtain proper informed consent (failed to disclose TBMM concerns and material burn risk), failed to adopt appropriate intra‑operative precautions and adequate aftercare, and was therefore negligent; RFA as a method was acceptable but the manner and safeguards implemented by 1st Defendant fell below required standard; 2nd Defendant not negligent; 3rd Defendant vicariously liable for 1st Defendant; damages and costs awarded to Plaintiff and estate accordingly.

Court Disposition

Judgment for Plaintiff in part: negligence proven against 1st Defendant; 2nd Defendant not negligent; 3rd Defendant vicariously liable for 1st Defendant.

Orders

  • Special damages allowed as per Plaintiff's particulars (paras 137.1–137.4 of submission)
  • General damages: RM800000 awarded for pain and suffering to the deceased's estate