26 Nov 2024
Dr Esa Kamaruzaman 1. ) Neville Anak Michael Gomis 2. ) Mahkota Medical Centre Sdn. Bhd. 3. ) Dr Nor Azlina binti Awang
- Citation
- M-02(NCvC)(W)-1139-06/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- M-02(NCvC)(W)-1139-06/2022 (Mahkamah Rayuan)
The Court of Appeal upheld the High Court's factual finding that the 3rd defendant attempted an unsuccessful central venous line insertion on the left side, supported by plaintiff witness evidence and expert opinion linking a fractured catheter tip to air embolism and pneumothorax which materially contributed to death; Bolam/Bolitho principles govern the standard of care for treatment and the absence of rebuttal expert evidence weighed against the appellant. Quantum was largely sustained except the aggravated damages award was excessive and reduced to RM100,000.