TAN LIAN HWA CHENG JIT YANG

TAN LIAN HWA CHENG JIT YANG

The High Court accepted unrebuked expert testimony linking the iatrogenic notching fracture to the operation causally connected to the accident and found the Sessions Court erred in failing to award damages for that injury; extensor mechanism weakness was held to be contributed to by the plaintiff and not awarded; appeal allowed in part with RM20,000 awarded for the iatrogenic notching fracture (pain, suffering and bone grafting) and RM5,000 costs to be paid by the respondent.

Citation
PA-12B-46-08/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Tan Lian Hwa; Respondent/defendant: Cheng Jityang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 February 2022
Case Number
PA-12B-46-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Personal Injury/medical Negligence / Appeal From Sessions Court to High Court (judgment)
Outcome
Appeal allowed in part; awards varied to grant damages for iatrogenic notching fracture and costs; other claims dismissed.
Legal Topics
Quantum of Damages, Causation, Expert Evidence, Iatrogenic Injury, Remoteness, Costs
Source Language
Malay/English
Medical Negligence Tort Civil Procedure Evidence Damages Quantum of Damages Causation Expert Evidence +3 more

Case Brief

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Parties

Tan Lian Hwa

Appellant/plaintiff

Cheng Jityang

Respondent/defendant

Procedural Posture

Civil Appeal Personal Injury/medical Negligence / Appeal From Sessions Court to High Court (judgment)

Legal Issues

  1. 1 Whether the Sessions Court erred in dismissing claims for iatrogenic notching fracture and extensor mechanism weakness
  2. 2 Whether appellate court should interfere with quantum of damages only
  3. 3 Whether expert medical evidence established causation between treatment and injury

Ratio Decidendi

The High Court accepted unrebuked expert testimony linking the iatrogenic notching fracture to the operation causally connected to the accident and found the Sessions Court erred in failing to award damages for that injury; extensor mechanism weakness was held to be contributed to by the plaintiff and not awarded; appeal allowed in part with RM20,000 awarded for the iatrogenic notching fracture (pain, suffering and bone grafting) and RM5,000 costs to be paid by the respondent.

Court Disposition

Appeal allowed in part; awards varied to grant damages for iatrogenic notching fracture and costs; other claims dismissed.

Orders

  • Award RM20000.00 to Appellant for iatrogenic notching fracture including pain and suffering and bone grafting surgery
  • Respondent to pay costs of RM5000.00 to Appellant