9 Aug 2021
NOOR AZUKEE BIN MOHD NOOR MD SAYUTI BIN MD YUNUS (NO. K/P: 680113-03-5261)
- Citation
- DA-12B-24-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12B-24-10/2020 (Mahkamah Tinggi)
The High Court upheld the Sessions Court finding of medical negligence in the non-emergency second-stage treatment because the appellant failed the standard duty of care (failed to examine, explain, refer or perform appropriate repair), but held res ipsa loquitur was wrongly applied; the RM100,000 award for permanent disability was set aside because it was not pleaded nor supported by positive evidence; other awards (RM250 special, RM30,000 general, RM50,000 exemplary) and interest as originally awarded were affirmed; costs of the appeal were fixed at RM5,000 subject to taxation.