ASSUNTA HOSPITAL v 1. ) GAN HONG HENG (mendakwa sebagai pentadbir harta pusaka GAN HONG WEE, simati) 2. ) DR CHANDRAN A/L GNANAPPAH

b-02ncvcw-231-02-2023 Court of Appeal (Mahkamah Rayuan) 18 May 2025 • B-02(NCvC)(W)-231-02/2023 • 9 min read

Catchwords

professional medical negligence - Private Healthcare Facilities and Services Bill [Parliamentary Debate (PHFS Bill)] - effect of the Private Healthcare Facilities and Services Act 1998 (PHFSA) and Private Healthcare Facilities & Services (Private Hospitals and other Private Healthcare Facilities) Regulations 2006 (PHFSR) on the question of whether a “private hospital” (defined in s 2 PHFSA) owed a non-delegable duty of care to the private hospital’s patients (notwithstanding the fact that the patients were only treated by medical consultants at the private hospital who were its independent contractors and not its employees or agents).

Practice Areas

Judges (3)

Faizah binti Jamaludin Coram Supang Lian Coram Wong Kian Kheong Delivered

Parties (3)

ASSUNTA HOSPITAL Appellant Dr Chandran a/l Gnanappah Respondent Gan Hong Heng Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (b-02ncvcw-231-02-2023)