TAN KHAR ENG (Mendakwa Sebagai Pentadbir Estet Chow Soek See, Si Mati) 1. ) Metro Kurnia Sdn Bhd 2. ) Dr Yeap Poay Wan 3. ) Cheong Kim Leong

TAN KHAR ENG (Mendakwa Sebagai Pentadbir Estet Chow Soek See, Si Mati) 1. ) Metro Kurnia Sdn Bhd 2. ) Dr Yeap Poay Wan 3. ) Cheong Kim Leong

Because the 2nd Defendant admitted liability and failed to adduce evidence to disaggregate or rebut causation, the court held him fully liable for all direct and natural consequences of the negligent bowel perforation; ex gratia payment by the 1st Defendant and discontinuance as to the 3rd Defendant do not reduce...

Source-derived case information.

Citation
KA-22NCvC-98-12/2019 (Mahkamah Tinggi)
Parties
Plaintiff / Administrator of Estate of Chow Seok See: Victor Jansz; 1st Defendant (private Hospital): Metro Kurnia Sdn Bhd; 2nd Defendant (consultant Obstetrician & Gynaecologist): Dr. Yeap Poay Wan; 3rd Defendant (general Surgeon): Dr. Cheong Kim Leong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 May 2023
Case Number
KA-22NCvC-98-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Medical Negligence (death of Patient) / Judgment (assessment of Damages)
Outcome
Judgment entered for the Plaintiff in part against the 2nd Defendant on quantum; claims against 1st Defendant resolved by ex gratia payment; claim against 3rd Defendant discontinued.
Legal Topics
Negligence, Informed Consent, Causation, Vicarious Liability, Aggravated Damages, Double Recovery, Apportionment
Tort Medical Negligence Civil Procedure Healthcare Regulation Damages Negligence Informed Consent Causation +4 more

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Parties

Victor Jansz

Plaintiff / Administrator of Estate of Chow Seok See

Metro Kurnia Sdn Bhd

1st Defendant (private Hospital)

Dr. Yeap Poay Wan

2nd Defendant (consultant Obstetrician & Gynaecologist)

Dr. Cheong Kim Leong

3rd Defendant (general Surgeon)

Procedural Posture

Civil Medical Negligence (death of Patient) / Judgment (assessment of Damages)

Legal Issues

  1. 1 Whether the 2nd Defendant is liable for all direct and natural consequences of the bowel perforation caused during surgery
  2. 2 Whether causation between the admitted negligent act and subsequent complications including death was established or disaggregable
  3. 3 Whether prior ex gratia payment by 1st Defendant or discontinuance against 3rd Defendant justifies reduction of damages (double recovery)

Ratio Decidendi

Because the 2nd Defendant admitted liability and failed to adduce evidence to disaggregate or rebut causation, the court held him fully liable for all direct and natural consequences of the negligent bowel perforation; ex gratia payment by the 1st Defendant and discontinuance as to the 3rd Defendant do not reduce the 2nd Defendant's liability; aggravated damages were appropriate given the 2nd Defendant's failures.

Court Disposition

Judgment entered for the Plaintiff in part against the 2nd Defendant on quantum; claims against 1st Defendant resolved by ex gratia payment; claim against 3rd Defendant discontinued.