19 Jan 2023
GAN HONG HENG (mendakwa sebagai pentadbir harta pusaka GAN HONG WEE, simati) 1. ) DR CHANDRAN A/L GNANAPPAH 2. ) ASSUNTA HOSPITAL
- Citation
- BA-22NCVC-250-04/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-250-04/2017 (Mahkamah Tinggi)
Court held defendants breached duties: First Defendant failed to give adequate information and proceeded with an improper, elective sinus surgery based on an incorrect diagnosis which materially contributed to the deceased's deterioration; Second Defendant owed a non-delegable duty and was vicariously and directly liable for failures of the First Defendant and the hospital's disclosure obligations; plaintiff established causation on balance of probabilities and is entitled to damages and costs; Second Defendant entitled to contractual indemnity (80%) from First Defendant, with Second Defendan…