12 Nov 2025
XXXX 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN 3. ) DR ZANA ZALINDA BINTI S MOHD GHAZALI
- Citation
- W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)
The Court held that the person in charge of a private obstetric facility owes a direct duty of care to patients to ensure timely access to necessary specialists (including neonatal paediatricians/anaesthetists); the first and second respondents breached that duty by failing to have neonatal paediatric care available and by unacceptably delaying transfer to a NICU, and that breach materially contributed to the plaintiff's hypoxic injury and consequent cerebral palsy; the delivering doctor (third respondent) was not negligent; appeal allowed against first and second respondents and dismissed ag…