Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Causation of osteoarthritis
  • 20 Jul 2022

    LIM KEE THIAM RASHID BIN SUNGGOH

    Citation
    JA-A53KJ-238-04/2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-A53KJ-238-04/2019 (Mahkamah Sesyen)

    On balance of probabilities the plaintiff failed to prove the OA of the right knee was caused by the accident because the alleged x‑ray evidence and notes were hearsay (examining doctor was Dr Ong and not SP3), subsequent specialist examinations did not corroborate OA, and expert evidence supported alternative causes; accordingly future TKR and OA‑related awards were rejected. Scar revision cost limited to one‑third of private estimate because plaintiff received government hospital treatment and failed to prove unavailability of public treatment. Plaintiff's self‑prepared income records were…