Medi-Circle Sdn Bhd XXXX

Medi-Circle Sdn Bhd XXXX

Hospital liable for negligence for systems failure and the missed opportunity to diagnose and treat early preterm labour on 24 February 2003 (failure by unidentified attending doctor vicariously attributable to Hospital); O&G doctors (Dr Ariza and Dr Fatimah) are independent contractors and not liable; missing medical records did not causally contribute to the injury; High Court awards on liability against O&G doctors set aside and monetary multiplier for future losses revised to 33 years; Sanderson costs order directing Hospital to pay costs to the exonerated O&G doctors and certain costs to plaintiff.

Citation
W-02(NCvC)(W)-1393-10/2020 (Mahkamah Rayuan)
Parties
Appellant / 1st Defendant (hospital): Medi-Circle Sdn Bhd; Appellant / 3rd Defendant (o&g Consultant): Dr. Ariza Binti Mohamed; Appellant / 2nd Defendant (o&g Consultant): Dr. Fatimah Binti Mustafah; Respondent / Plaintiff: Nur Zulaikha Binti Dzulzaili (sued through father Dzulzaili Bin Muhammad Nor)
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
4 February 2022
Case Number
W-02(NCvC)(W)-1393-10/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Arising From Medical Negligence Claim / Court of Appeal Judgment on Appeals From High Court Decision Dated 10 September 2020
Outcome
Appeals allowed in part and dismissed in part: Appeal by Hospital (W-02(NCVC)(W)-1393-10/2020) dismissed on liability but allowed to the extent of varying quantum (multiplier reduced); appeals by Dr Ariza (W-02(NCVC)(W)-1460-10/2020) and Dr Fatimah (W-02(NCVC)(W)-1489-10/2020) allowed on liability and High Court...
Legal Topics
Non Delegable Duty, Vicarious Liability, Medical Records Retention and Discovery, Causation and Missed Opportunity, Assessment of Damages and Multiplier, Sanderson Costs Order
Source Language
Malay/English
Medical Negligence Tort Healthcare Regulation Procedural Law (evidence and Pleadings) Non Delegable Duty Vicarious Liability Medical Records Retention and Discovery Causation and Missed Opportunity +2 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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Medi-Circle Sdn Bhd

Appellant / 1st Defendant (hospital)

Dr. Ariza Binti Mohamed

Appellant / 3rd Defendant (o&g Consultant)

Dr. Fatimah Binti Mustafah

Appellant / 2nd Defendant (o&g Consultant)

Nur Zulaikha Binti Dzulzaili (sued through father Dzulzaili Bin Muhammad Nor)

Respondent / Plaintiff

Procedural Posture

Civil Appeal Arising From Medical Negligence Claim / Court of Appeal Judgment on Appeals From High Court Decision Dated 10 September 2020

Legal Issues

  1. 1 Whether Hospital liable for systems failure and missed opportunity on 24 February 2003
  2. 2 Whether O&G doctors were employees/partners or independent contractors and thus liable
  3. 3 Whether missing medical records caused or contributed to the injury

Ratio Decidendi

Hospital liable for negligence for systems failure and the missed opportunity to diagnose and treat early preterm labour on 24 February 2003 (failure by unidentified attending doctor vicariously attributable to Hospital); O&G doctors (Dr Ariza and Dr Fatimah) are independent contractors and not liable; missing medical records did not causally contribute to the injury; High Court awards on liability against O&G doctors set aside and monetary multiplier for future losses revised to 33 years; Sanderson costs order directing Hospital to pay costs to the exonerated O&G doctors and certain costs to plaintiff.

Court Disposition

Appeals allowed in part and dismissed in part: Appeal by Hospital (W-02(NCVC)(W)-1393-10/2020) dismissed on liability but allowed to the extent of varying quantum (multiplier reduced); appeals by Dr Ariza (W-02(NCVC)(W)-1460-10/2020) and Dr Fatimah (W-02(NCVC)(W)-1489-10/2020) allowed on liability and High Court...

Orders

  • Hospital (Medi-Circle Sdn Bhd) held liable for negligence for systems failure and the missed opportunity on 24 February 2003; O&G doctors Dr Ariza Binti Mohamed and Dr Fatimah Binti Mustafah exonerated and High Court findings against them set aside
  • Sanderson order: Hospital to pay costs of RM100,000.00 to Dr Ariza and RM100,000.00 to Dr Fatimah (costs here and below, both subject to allocator)