19 Jun 2024
Tan Sri Datuk Seri Mohd Hussin Bin Abd Hamid XXXX
- Citation
- W-02(NCvC)(W)-1000-06/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1000-06/2022 (Mahkamah Rayuan)
The judge would dismiss the appeal: the trial judge correctly preferred the avulsion theory on evidence, the arterial avulsion was an exceptionally rare and unforeseeable complication not attributable to breach of professional standard, the specific risk need not have been warned under Rogers v Whitaker, and the hospital did not owe a non-delegable duty because the patient had directly chosen the consultant.