DR HARI KRISHNAN DR MOHAMAD NAMAZIE … APPELLANTS v MEGAT NOOR ISHAK BIN MEGAT IBRAHIM 2. THE TUN HUSSEIN ONN NATIONAL EYE HOSPITAL

02-21-03-2015w Federal Court (Mahkamah Persekutuan) 13 December 2017 • 02-21-03/2015(W)

Catchwords

CIVIL PROCEDURE — Preliminary issues — Appeal — Grounds of judgment — Non-speaking judgment — Whether to allow an appeal simply because the judgment of the lower court was a non-speaking judgment — For the appellate court to determine whether or not the learned trial judge had committed any error in the findings and application of laws to those facts — Pronouncement of judgement — Whether the Court of Appeal was validly constituted at the time unanimous decision was pronounced — Certificate of grounds of judgement — Delay in delivering grounds of judgment — Validity of — Whether a retrial or a rehearing is warranted — Courts of Judicature Act 1964 [Act 91], section 38, section 42(1), section 100, section 101; Rules of the Federal Court 1995 (P.U.(A) 376/1995), Rule 64 DAMAGES — Whether aggravating factors should be compensated for as general damages — Whether aggravated damages could be awarded as a separate head of damages in tort — English Court of Appeal in Richardson v Howie [2004] EWCA Civ 1127— Whether as explained in Michael Jones’ Medical Negligence, 4th Edn 2008, para 12-011 LIABILITY — 2 doctors as well as the Hospital — Medical negligence — Whether the 2 doctors are qualified professionals and working as independent contractors in a private hospital — Whether negligent in failing to warn the Plaintiff of the risks of bucking and blindness — Whether private hospital be held vicariously liable for the sole negligence of the doctors — Medical Act 1971 [Act 50] TORT — Medical negligence — Standard of care— Negligence of an ophthalmologist and an anaesthetist — Whether it is the Bolam test or the test in the Australian case of Rogers v Whitaker [1993] 4 Med LR 79 which should be applied to the standard of care in medical negligence

Practice Areas

Civil Procedure Damages Tort

Judges (5)

Abu Samah bin Nordin Coram Ahmad bin Haji Maarop Coram Md. Raus bin Sharif Delivered Ramly bin Haji Ali Coram Zainun binti Ali Coram

Parties (3)

THE TUN HUSSEIN ONN NATIONAL EYE HOSPITAL Respondent Dr Hari Krishnan Dr Mohamad Namazie … Appellants Appellant Megat Noor Ishak bin Megat Ibrahim Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02-21-03-2015w)