2 Nov 2021
XXXX 1. ) Kuala Terengganu Specialist Hospital Sdn Bhd 2. ) Dr Zainal Rashid Bin Abdullah 3. ) Kerajaan Malaysia 4. ) Dr Zaidatul Akmal binti Othman 5. ) Dr Muhammad Fathil Bin Karm @ Kassim 6. ) Dr Zul Akmar binti Zakaria 7. ) Dr Ahmad Mar
- Citation
- T-01(NCvC)(W)-414-08/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- T-01(NCvC)(W)-414-08/2020 (Mahkamah Rayuan)
The Court of Appeal upheld the trial judge's finding that the infant's parents were contributorily negligent to the extent of 30% because the delay in taking the child to the public hospital was unreasonable and caused or materially contributed to the injury; the appellate court refused to entertain the unpleaded contention that parents could not be found liable because they were not parties; the court adjusted quantum where awards were unsupported or excessive (set aside aggravated damages, adjusted specific future and special damages) and fixed the appropriate multiplier for future damages…