Malaysia Case Law: Decisions & Judgments

Topic

Informed consent

Legal area

Court

30 Jan 2026

1. ) AHMAD FAIZAL BIN MOHAMAD ALI 2. ) NORMALA BINTI HAJI BASIRON 3. ) Kerajaan Malaysia JAY SHREE L. C. DOSHI (secara sendiri dan sebagai Wasi dan Pemegang Amanah Estet Vinayak Prabhakar Pradhan)

Citation

W-01(NCvC)(W)-440-07/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)(W)-440-07/2024 (Mahkamah Rayuan)

First Appellant was negligent for failing to obtain proper informed consent, executing RFA below standard (causing full-thickness burn) and providing inadequate aftercare; Second Appellant was not negligent; Third Appellant vicariously liable. General damages and aggravated damages awarded by the High Court were reasonable and are affirmed. Special damages for private and overseas treatment were not fully justified; appellate court reduced recoverable special damages to one-third of claimed private treatment costs, awarding RM19,586.72 (Malaysia) and SGD65,532.60 (Singapore). Costs of RM250,0…
19 Dec 2025

NORSHUHADA BINTI SHAHARUDDIN 1. ) Syed Faizal Shah Bin Syed Gulzar Ali Shah Sebagai Wasi Tunggal Kepada Harta Pusaka Dr. Zarina Bibi Bt Shah Mohd [Si Mati] [No. Mmc: 22471] 2. ) Dr. Mohd Daud Bin Yahya 3. ) Hospital Bersalin & Poliklinik Pu

Citation

BA-23NCvC-56-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-56-11/2022 (Mahkamah Tinggi)

On the balance of probabilities the court accepted the plaintiff's expert (SP1) and contemporaneous records showing failures: inadequate continuous CTG monitoring, failure to obtain/record informed consent and risk advice, inappropriate use of vacuum, delay to perform caesarean and failure of hospital to ensure timely anaesthetist. Defendant1 and defendant3 were held liable; liability apportioned 50:50 between defendant1 and defendant3. No separate award for death of baby was allowed because claim did not plead damages for the baby; damages for maternal injuries and pain and suffering were aw…
22 Oct 2025

HASMANI BIN TAHIR 1. ) Kerajaan Malaysia 2. ) KEMENTERIAN KESIHATAN MALAYSIA 3. ) PENGARAH HOSPITAL SUNGAI BULOH 4. ) DR MOHD REZA BIN MOHD ARIDZ 5. ) DR FAREEZ WAZIR 6. ) DR WAN MAHAFEZ BIN WAN KAMARUL ZAMAN 7. ) DR SHYAMALA 8. ) DR RIDZUA

Citation

BA-21NCvC-32-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-32-03/2022 (Mahkamah Tinggi)

On balance of probabilities the court found negligence by the treating orthopaedic surgeon during the second surgery and systemic failures in tourniquet monitoring and post-operative observation which caused vascular compromise and ultimately right leg amputation; the hospital and Government defendants were held vicariously liable for the negligent treating team (defendants 1,2,3,4 and 6) and plaintiff was entitled to damages totaling RM3,018,713.42 with specified interest and costs.
4 Sept 2025

Evelyn Sharmini a/p Mariasoosay Nathan 1. ) Yogaraj Ramananthan 2. ) Sentosa Medical Centre Sdn Bhd

Citation

WA-22NCvC-245-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-245-04/2021 (Mahkamah Tinggi)

The court found D1 negligent for failing to advise on available conservative treatments, failing to disclose material risks (not obtaining valid informed consent), and for operating beyond his demonstrated competence without ensuring appropriate surgical assistance; the hospital (D2) breached its non-delegable duty by failing to credential D1 though it was not held vicariously liable for D1's acts; consequential causation between breaches and the plaintiff's injuries was established and damages assessed accordingly.
31 Jul 2025

1. ) XXXX 2. ) Paramasivan A/l S Napayan 1. ) LAI AH SENG 2. ) LAI WAH FOONG

Citation

NA-A53KJ-296-07/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A53KJ-296-07/2020 (Mahkamah Sesyen)

Because the plaintiff gave informed consent to amputation and on the compensatory principle of restoring the plaintiff to a near pre‑tort position, the court allowed the contested special damages — including lifetime replacement custom shoes, lifetime serviceable brace items, left transradial prosthesis with lifetime replacements, other serviceable prosthetic items and future knee injections — quantified as set out in the judgment and ordered interest at specified rates and costs according to scale.
6 Feb 2025

Juwariyah binti Sal Hamid @ Ahmad Dato' Dr Shahrudin bin Mohd Dun

Citation

BA-23NCvC-10-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-10-03/2022 (Mahkamah Tinggi)

Credible expert evidence for the defendant (SD2) established that the defendant’s investigative and follow-up choices fell within a responsible body of medical opinion, the plaintiff failed to prove breach and causation on the balance of probabilities, and therefore the defendant did not breach the standard of care; claim dismissed.
24 Dec 2024

1. ) XXXX 2. ) NIRMALA A/P RAJU 1. ) DR. KOH CHON SING 2. ) DR. MD TAHA BIN MAHFOZ

Citation

JA-22NCvC-76-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-76-06/2020 (Mahkamah Tinggi)

Court found that Defendant Second was negligent in delaying the caesarean and in failing to ensure adequate neonatal feeding, monitoring and timely referral; contemporaneous records and expert evidence established infection and hypoglycaemia present at time of referral and a causal link to P1's brain injury. Defendant First is vicariously liable and contributed to negligence by failing to provide adequate staffing, supervision and reliable records. Plaintiffs entitled to damages for past and future care with specified adjustments.
15 Nov 2024

ADAM BIN HAMIL 1. ) DR. CHIAM TEE KIANG 2. ) DR. JEFFREY LIM CHUNG YEOW

Citation

WA-23NCvC-26-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-26-03/2022 (Mahkamah Tinggi)

Defendant, licensed only under Chapter 1 LCP, performed invasive nasal implant trimming and ear cartilage grafting outside his authorised scope, failed to disclose his licence limitations, thereby breaching the standard of care; that breach caused the Plaintiff's continuing infection and injury and the Defendant is liable for compensatory and exemplary damages.
19 Jun 2024

DR. NACHIAPPAN A/L N SUBRAMANIAM Saravanan A/l Thanabalasingam

Citation

JA-12B-85-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-85-11/2022 (Mahkamah Tinggi)

The court accepted the trial judge's findings and the opinion of the expert who examined the patient (Dr. Kuldip) that the respondent suffered a deep bone infection that was not properly resolved while under the appellant's care because the appellant failed to offer timely removal of the implant and alternative stabilization; that failure amounted to negligence and caused prolonged infection and additional surgeries; the appeal was dismissed and the trial judgment holding the appellant 100% liable was affirmed.
30 May 2024

JAY SHREE L. C. DOSHI (secara sendiri dan sebagai Wasi dan Pemegang Amanah Estet Vinayak Prabhakar Pradhan) 1. ) AHMAD FAIZAL BIN MOHAMAD ALI 2. ) NORMALA BINTI HAJI BASIRON 3. ) Kerajaan Malaysia

Citation

WA-21NCvC-126-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-126-12/2020 (Mahkamah Tinggi)

Court found 1st Defendant breached duty to obtain proper informed consent (failed to disclose TBMM concerns and material burn risk), failed to adopt appropriate intra‑operative precautions and adequate aftercare, and was therefore negligent; RFA as a method was acceptable but the manner and safeguards implemented by 1st Defendant fell below required standard; 2nd Defendant not negligent; 3rd Defendant vicariously liable for 1st Defendant; damages and costs awarded to Plaintiff and estate accordingly.