DR. NACHIAPPAN A/L N SUBRAMANIAM Saravanan A/l Thanabalasingam

DR. NACHIAPPAN A/L N SUBRAMANIAM Saravanan A/l Thanabalasingam

The court accepted the trial judge's findings and the opinion of the expert who examined the patient (Dr. Kuldip) that the respondent suffered a deep bone infection that was not properly resolved while under the appellant's care because the appellant failed to offer timely removal of the implant and alternative stabilization; that failure amounted to negligence and caused prolonged infection and additional surgeries; the appeal was dismissed and the trial judgment holding the appellant 100% liable was affirmed.

Citation
JA-12B-85-11/2022 (Mahkamah Tinggi)
Parties
Perayu: Dr. Nachiappan A/L N. Subramaniam; Responden: Saravanan A/L Thanabalasingam; Defendan: Regency Specialist Centre Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 June 2024
Case Number
JA-12B-85-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Medical Negligence Appeal / Judgment on Appeal
Outcome
Appeal dismissed; trial judge's decision upheld
Legal Topics
Standard of Care, Informed Consent, Causation, Expert Evidence, Surgical Treatment Options, Removal of Implant
Source Language
Malay/English
Medical Negligence Tort Personal Injury Civil Appeals Standard of Care Informed Consent Causation Expert Evidence +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. Nachiappan A/L N. Subramaniam

Perayu

Saravanan A/L Thanabalasingam

Responden

Regency Specialist Centre Sdn. Bhd.

Defendan

Procedural Posture

Civil Medical Negligence Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the treating surgeon was negligent in failing to remove the implant earlier
  2. 2 Whether repeated wound debridements without removal of implant met the standard of care
  3. 3 Whether informed consent covered available alternative treatment options

Ratio Decidendi

The court accepted the trial judge's findings and the opinion of the expert who examined the patient (Dr. Kuldip) that the respondent suffered a deep bone infection that was not properly resolved while under the appellant's care because the appellant failed to offer timely removal of the implant and alternative stabilization; that failure amounted to negligence and caused prolonged infection and additional surgeries; the appeal was dismissed and the trial judgment holding the appellant 100% liable was affirmed.

Court Disposition

Appeal dismissed; trial judge's decision upheld

Orders

  • Appeal dismissed
  • Decision of the trial judge affirmed (Perayu held 100% liable)