XXXX v 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN 3. ) DR ZANA ZALINDA BINTI S MOHD GHAZALI

w-02ncvcw-1327-08-2024 Court of Appeal (Mahkamah Rayuan) 11 November 2025 • W-02(NCvC)(W)-1327-08/2024 • 40 min read
18 cases cited (2 SG, 16 foreign)

Catchwords

Medical negligence; baby born with cerebral palsy as a result of hypoxia during childbirth; duty of care of a medical facility and the person-in-charge; the power of the court to make reference to medical publications to ascertain the applicable standard of care.

Practice Areas

Medical negligence; baby born with cerebral palsy as a result of hypoxia during childbirth; duty of care of a medical facility and the person-in-charge; the power of the court to make reference to medical publications to ascertain the applicable standard of care.

Judges (3)

Azizah binti Haji Nawawi Coram Azizul Azmi bin Adnan Delivered Faizah binti Jamaludin Coram

Counsel (12)

Akberdin & Co Firm PS Ranjan & Co Firm S Chrishanthini & Co Firm Sharifah & Associates Firm Aaika Zulaikha Mohd Yusop Counsel Appellant Abigail Sarah Kumar Counsel Appellant Chrishanthini AR Sebastiampillai Counsel Respondent Harjinder Singh Sandhu Counsel Respondent Izzah Shakirah Mohd Sukor Counsel Respondent Manmohan S Dhillon Counsel Appellant Narandra Kangatharan Counsel Respondent Riza Makhzan Arifin Counsel Respondent

Parties (4)

GOMBAK MEDICAL CENTRE Sdn Bhd Respondent Dr Noor Fidak binti Samsudin Respondent Dr Zana Zalinda binti S Mohd Ghazali Respondent Xxxx Appellant

Case Significance

XXXX v 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN... is a Court of Appeal (Mahkamah Rayuan) decision dated November 11, 2025 (citation: w-02ncvcw-1327-08-2024). <p>A baby born with cerebral palsy due to hypoxia during childbirth at Gombak Medical Centre sued the medical facility, the person-in-charge, and the delivering doctor. The Court of Appeal found the first defendant (medical facility) and second defendant (person-in-charge) jointly and severally liable for negligence, while dismissing the claim against the third defendant (delivering doctor) for failure to establish causation. The case was remitted to the High Court for assessment of damages.</p> The panel comprised Azizah binti Haji Nawawi, Azizul Azmi bin Adnan and Faizah binti Jamaludin, with Azizul Azmi bin Adnan delivering the judgment.

Summary

A baby born with cerebral palsy due to hypoxia during childbirth at Gombak Medical Centre sued the medical facility, the person-in-charge, and the delivering doctor. The Court of Appeal found the first defendant (medical facility) and second defendant (person-in-charge) jointly and severally liable for negligence, while dismissing the claim against the third defendant (delivering doctor) for failure to establish causation. The case was remitted to the High Court for assessment of damages.

What was the outcome of XXXX v 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN...?

<p>A baby born with cerebral palsy due to hypoxia during childbirth at Gombak Medical Centre sued the medical facility, the person-in-charge, and the ...

Statutes Cited

Evidence Act 1950 (Cap 56)
s 106 s 57(2)
Private Healthcare Facilities and Service Act 1998
s 32

Cases Cited (18)

SLR (2)
[2001] 3 SLR 1 [2002] 1 SLR 408
UK (4)
[1956] 1 All ER 615 [1957] 2 All ER 118 [1990] 2 AC 205 [1997] 3 WLR 1151
MY (12)
[1986] 2 MLJ 30 [1988] 1 MLJ 348 [2004] 1 CLJ 378 [2007] 1 CLJ 229 [2011] 2 MLJ 1 [2012] 5 MLJ 679 [2013] 3 CLJ 833 [2014] 9 CLJ 337 [2015] 1 MLJ 171 [2017] 8 CLJ 605 [2024] 10 CLJ 22 [2025] 7 MLJ 422