23 Apr 2024
Siti Arbaiyah Binti Umar 1. ) UKM Kesihatan Sdn Bhd 2. ) Dr Ahmad Zailani Hatta bin Mohd Dali
- Citation
- WA-22NCvC-489-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-489-08/2020 (Mahkamah Tinggi)
The court found the Second Defendant discharged the duty to advise because the Plaintiff was informed of material risks and the posterior option by consultant Dr. Ismail and consented; the treatment (anterior approach) and intraoperative decision to abandon excision were within accepted medical practice as supported by expert evidence; causation between the Second Defendant's conduct and the Plaintiff's ongoing pain was not established. Therefore the Plaintiff's claim is dismissed.