Malaysia Case Law: Decisions & Judgments

Topic

Medical expert evidence

Legal area

Court

15 Jan 2026

POOBALAN A/L RAJAH

Citation

WA-41S-5-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41S-5-04/2024 (Mahkamah Tinggi)

The High Court upheld the conviction because the prosecution proved beyond reasonable doubt the elements of attempted cheating: the appellant submitted medical and claim documents that induced the insurer to process a claim despite material inconsistencies in CT scan evidence and related conduct indicating dishonest intention; the defence was a bare and inconsistent denial that failed to raise reasonable doubt; the magistrate's assessment of evidence and sentence was not perverse or manifestly wrong.
30 Apr 2025

ZAHARUDIN BIN MUHAMMAD NOR 1. ) MUHAMMAD ANAS BIN YAAKOB 2. ) MUHAMMAD ARIF BIN YAAKOB

Citation

CA-A53KJ-136-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-136-06/2023 (Mahkamah Sesyen)

On the balance of probabilities the court accepted specific documentary evidence and credible oral evidence for many claimed special items and accepted aspects of the plaintiff's expert opinion on early post-traumatic osteoarthritis and future needs. Items unsupported by evidence were disallowed. The court awarded specific amounts for proven special damages and assessed general damages by reference to medical evidence, prior authorities and the Revised Compendium of Personal Injury Awards 2018. The court apportioned liability as previously agreed (10% plaintiff, 90% defendant 2) and ordered i…
23 Jul 2024

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MUHAMMAD AKMAL ZUHAIRI BIN AZMAL 2. ) MUHAMMAD AZAMUDDIN BIN MAD SOFI 3. ) MUHAMMAD NAJIB BIN MOHD RAZI 4. ) MUHAMMAD AFIF NAJMUDIN BIN AZAHAT 5. ) MOHAMAD SHOBIRIN BIN SABRI

Citation

W-05-442-11/2021 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-05-442-11/2021 (Mahkamah Rayuan)

Court accepted prosecution eyewitness evidence and pathologist report that extensive burn injuries caused death; inferred common intention and participation from presence, conduct and repeated application of a steam iron; held that elements of s.300(c) and s.302 were met for OKT1–5 and that OKT6 abetted by instigation and aiding under s.107/109; convictions under s.330 against specified appellants were upheld and s.330 sentences increased to 4 years; prosecution appeal to reinstate s.302 for OKT1–6 was allowed and death sentence imposed on those six.
15 Dec 2023

1. ) SRIRAJA HOLDINGS SDN. BHD. 2. ) VELLAITHAN A/L MURUGAN MOHAMAD HAFIZ BIN GHOZALI

Citation

CB-12B-15-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12B-15-11/2022 (Mahkamah Tinggi)

The appellate court found no error of law or misapplication of principle by the trial judge, who properly evaluated and compared the plaintiff's and defendants' expert reports and applied established authorities in assessing quantum; therefore the awards for each head of injury and the findings on future treatment and special damages were upheld and the appeal dismissed.
15 Dec 2023

ZAINAL ABIDIN BIN ISMAIL NOR PADILLAH BINTI AWANG

Citation

CB-12B-16-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-12B-16-11/2022 (Mahkamah Tinggi)

The High Court refused to interfere with the Sessions Court's assessment because the trial judge had examined the medical evidence and expert reports, applied the correct legal principles and guidelines, and the amounts awarded were neither so excessive nor so inadequate as to constitute an entirely erroneous estimate of damage; therefore the quantum of RM2,141,512.05 with stated interest rates was upheld and the appeal dismissed.
1 Mar 2023

[Timbalan (TPR), Jabatan Peguam Negara] MOHD HALMIZI BIN MAT JIDIN

Citation

CB-62JSK-23-06/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CB-62JSK-23-06/2019 (Mahkamah Sesyen)

Court convicted because prosecution proved all elements of section 14(a) AKSTK 2017: victim was a child; credible and consistent identification by the child corroborated by caregivers and CIC recordings; medical experts confirmed an acute anal fissure consistent with penetration by a hard object (excluding constipation); defence alibi was inconsistent and uncorroborated and accused admitted presence at home within material time — therefore no reasonable doubt remained.
2 Feb 2023

BALAKRISHNAN A/L FUFALAN 1. ) TEE WEI PING 2. ) TEE HON MIN

Citation

JA-A53KJ-66-01/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-66-01/2022 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff was primarily at fault for dangerously crossing the road; medical notes, absence of collision marks at plaintiff's claimed location, inconsistent statements and plaintiff's admission supported defendant's version. Liability apportioned 90% to plaintiff and 10% to defendant. Damages for injuries and specific losses were assessed on the admissible medical evidence and Compendium ranges; certain claimed items rejected for lack of evidence.
13 Apr 2022

1. ) KUMAR A/L KATHAVIRAJAN 2. ) BANU A/P JAYARAMAN 1. ) NORHAMMIMI BIN JA'AT 2. ) NUR FAR'AIN BINTI RAHIM

Citation

JA-A53KJ-943-12/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-943-12/2020 (Mahkamah Sesyen)

The court accepted the defendants' more recent and directly examined expert medical evidence over the plaintiffs' competing reports where conflicts existed and where plaintiffs failed to provide corroborative, consistent evidence of employment or objective proof of ongoing disability. As a result the court disallowed claims for loss of earnings and nursing care for want of proof, allowed specific items of special damages and assessed general damages for head injury and related injuries in specified amounts, recorded contributory negligence as agreed (50% plaintiffs, 50% defendants), and order…
4 Apr 2022

1. ) SANTHI A/P VATHIAN 2. ) VATHIAN A/L PONNUSAMY 1. ) L/kpl Nadzir Afiq Bin Abdul Malik 2. ) L/kpl Ho Teck Hin 3. ) L/kpl Clement Antas Anak Entre 4. ) Sjn Mohd Nizam Bin Hamzah 5. ) Asp Mazhar Mohamad 6. ) Insp Sugendran A/l Krishnan 7.

Citation

BA-21NCvC-51-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-51-04/2021 (Mahkamah Tinggi)

Although defendants owed a duty of care, plaintiffs failed to prove on the balance of probabilities that the deceased contracted leptospiral infection in custody or that any breach by defendants caused his death; coroner's speculative findings could not be treated as proven facts; medical evidence did not establish that earlier hospitalisation would have saved the deceased; misfeasance was not proved; therefore plaintiffs' claims dismissed.
31 Mar 2022

1. ) Ahmad Hidayat Taufiq Bin Mokhtar-Budak 2. ) Azimah Binti Abd Aziz-Ibu Wakil Litigasinya 1. ) Kevinraj a/l Jayakumar 2. ) Inthiran a/l Paskaran Chettiar

Citation

PA-A53KJ-99-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

PA-A53KJ-99-05/2021 (Mahkamah Sesyen)

Plaintiff bore the burden to prove entitlement and quantum; the court accepted the plaintiff's expert report (P11) for the nature of injuries and, applying the Compendium and relevant precedents, awarded compensatory sums item by item. Future medical and dental procedure costs were awarded at one‑third of private cost because comparable treatment is obtainable at public hospitals. Special damages not specifically evidenced were disallowed.