23 Feb 2024
Siow Ching Yee COLUMBIA ASIA SDN BHD AMICUS CURIE 1. ) Persatuan Hospital Swasta Malaysia (Association of Private Hospitals of Malaysia) 2. ) Persatuan Pengguna Pulau Pinang (Consumers Association of Penang (CAP)
- Citation
- 02(f)-12-02/2023(B) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-12-02/2023(B) (Mahkamah Persekutuan)
The Federal Court held that Columbia Asia Sdn Bhd, as a private hospital licensed and operating routine emergency services under Act 586, owed a personal non-delegable duty of care to the patient; the five Woodland features were satisfied (patient vulnerability, antecedent statutory and factual relationship, lack of patient control, delegation of integral functions, and negligence in performance), so the independent contractor defence failed. The statutory framework (Act 586 and Regulations) establishes the hospital’s responsibility for treatment and care. Quantum was adjusted: multiplicand m…