Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Disclosure of medical records

Legal area

Court

31 Jan 2020

Sailajah A/P Selveekam UM Specialist Centre Sdn. Bhd. & 2 Lagi

Citation

WA-24NCVC-1505-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1505-07/2019 (Mahkamah Tinggi)

Plaintiff's application was dismissed because she failed to satisfy O.24 r.7A: her supporting affidavits did not set out sufficient material facts of the intended proceeding, failed to specify relevant documents, and the defendants did not possess the medical records sought (they operated a medi‑spa providing cosmetic services), therefore discovery was unnecessary and would prejudice defendants.
31 Jan 2020

Nanthini A/P Palanesay 1. UM Specialist Centre Sdn. Bhd. & 2 Lagi

Citation

WA-24NCVC-1455-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1455-07/2019 (Mahkamah Tinggi)

Plaintiff's application for pre-action discovery failed because the supporting affidavits did not specify material facts and particulars of the complications, did not sufficiently specify or demonstrate relevance of the documents sought, and did not show that defendants D2 and D3 possessed medical records or internal investigation reports; D2 and D3 operated a medi‑spa and had only a registration form which had been disclosed; therefore pre-action disclosure under O.24 r.7A was not necessary and the application was dismissed with costs.