Malaysia Case Law: Decisions & Judgments

Topic

Standard of care

Legal area

Court

19 Jan 2026

XXXX 1. ) DR ANNA PADMAVATHY A/P SOOSAI 2. ) DR MOHD AZLI BIN ABDUL HAMID 3. ) PRINCE COURT MEDICAL CENTRE SDN BHD

Citation

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that any defendant breached the applicable standard of care or caused the plaintiff's septic arthritis; credible expert evidence for defendants and concessions/absence of supportive expert opinion for plaintiff established timely diagnosis and effective treatment, therefore all claims and the hospital's indemnity claim are dismissed and costs are awarded to defendants.
19 Jan 2026

XXXX 1. ) DR ANNA PADMAVATHY A/P SOOSAI 2. ) DR MOHD AZLI BIN ABDUL HAMID 3. ) PRINCE COURT MEDICAL CENTRE SDN BHD

Citation

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)

Plaintiff failed to prove breach of duty or causation: contemporaneous records and expert evidence established diagnosis and treatment were reasonable and timely, infection resolved with treatment, no credible evidence of NICU contamination or systemic failures, and unpleaded allegations lacked expert support; therefore defendants not liable and plaintiff's claim dismissed.
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…
10 Nov 2025

ROSHWINI ENFYS MUTHIAH 1. ) SIOW LI FEN 2. ) DR ROSDAYANA BINTI IBRAHIM 3. ) TIMBALAN PENGARAH (PERGIGIAN) MELAKA 4. ) PENGARAH KLINIK KESIHATAN AYER KEROH, MELAKA 5. ) KETUA PENGARAH KESIHATAN KEMENTERIAN KESIHATAN MALAYSIA 6. ) Kerajaan M

Citation

MA-A71NCvC-16-11/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-A71NCvC-16-11/2023 (Mahkamah Majistret)

Court applied Bolam test with Bolitho qualification for diagnosis and treatment and applied Rogers v Whitaker/Foo Fio Na for the duty to advise on material risks. On the balance of probabilities the court found Defendant First negligent for failing to take a pre-operative X-ray, failing to properly investigate and respond to pain during the RCT, and failing to advise Plaintiff of the material risk of sodium hypochlorite extrusion; Defendant Sixth (the Government) held vicariously liable; Defendants Two to Five not liable. Damages and interest awarded accordingly.
10 Nov 2025

1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

Citation

TA-A53-6-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53-6-10/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found Defendant liable for negligence and nuisance for allowing contractor operations to release water onto Plaintiffs' lower‑lying property; causation was established by witness evidence and contemporaneous photos/videos; however quantum required reduction because Plaintiffs failed to strictly prove several special items and did not call expert evidence; court awarded two‑thirds of the quoted repair cost for the kitchen (RM27,270), awarded specified ancillary special expenses (RM2,500 for repairs/cleaning, RM800 valuation report, RM200 police/photos)…
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.
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.
30 Dec 2024

1. ) SHAHRUL IZAM BIN MAT DESA 2. ) SITI MUSLIHAH BINTI MUSTHAR 1. ) DR MOHAMAD SHAHBODIN BIN SARIK 2. ) pantai medical centre sdn bhd

Citation

KB-B53KP-1-09/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-B53KP-1-09/2020 (Mahkamah Sesyen)

On the evidence and expert testimony the court found the treating paediatrician's diagnosis and treatment were within accepted medical practice (Bolam principle) and that the hospital was not liable because vicarious or non-delegable duties were not pleaded and there was no evidence the hospital caused infection; plaintiffs failed to prove breach or causation on balance of probabilities and the claim is dismissed with costs.
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.
16 Dec 2024

XXXX 1. ) Kerajaan Malaysia 2. ) Dr Cimmeran Kaur Sindhu A/p Jaggit Singh 3. ) Dr Che Muzaini Che Muda 4. ) Dr Maheran Binti Rodzali 5. ) Dr Joy Peripooranam Poore 6. ) Dr Haliza Binti Ghazali 7. ) Dato' Dr Mohamed Rouse Bin A.majid 8. ) Dr

Citation

KA-21NCvC-7-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-21NCvC-7-06/2020 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that Defendants’ care caused the alleged severe brain injury; plaintiff also withheld material antenatal records giving rise to adverse inference under s114(g) Evidence Act; Defendants demonstrated they acted according to accepted protocols and had meritorious defences; therefore plaintiff’s claims are dismissed and costs awarded to Defendants (RM50,000).