Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Medical records

  • 11 Jun 2025

    New Zheng Lei Pantai Medical Centre Sdn Bhd

    Citation
    WA-24NCvC-4633-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCvC-4633-11/2024 (Mahkamah Tinggi)

    The court found that all four requirements of Order 24 rule 7A were met: the plaintiff intends to sue, the defendant is likely to be a party, the requested documents are specific, relevant and within the defendant's control, and disclosure is necessary for the plaintiff to obtain medico-legal advice; the documents were created for clinical/risk management reasons prior to any litigation and thus not protected by litigation privilege, so the pre-action disclosure order was granted.

  • 1 Oct 2020

    MARIESOSELA A/P ANTHONY KERAJAAN MALAYSIA DAN 6 LAGI

    Citation
    WA-21NCVC-24-05/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-21NCVC-24-05/2019 (Mahkamah Tinggi)

    Court found that a duty of care existed and was breached by multiple acts: failure to have a medical assessment before transfer and delayed transfer, placing the patient on a bed without rails, failure by nurses and house officer to inform the medical officer after the fall, and unacceptable delay in administering intravenous adrenaline during CPR; these breaches, viewed cumulatively, caused the plaintiff's hypoxic ischemic encephalopathy; Government held vicariously liable; damages awarded for special, general and aggravated damages plus costs and interest.