1. ) XXXX 2. ) ISRUL HASMAH BINTI ISMAIL v 1. ) PUTRA MEDICAL CENTRE DARUL AIMAN SDN BHD 2. ) WAN RATNA IZA WAN ABD RAHIM
Catchwords
This medical negligence case arises from the birth of AF on 27 June 2015, who developed cerebral palsy following delivery at Putra Medical Centre. The Plaintiffs alleged breaches of duty including administering Pitocin without consent or indication, failing to conduct continuous CTG monitoring (with critical records missing), and proceeding with vacuum extraction without justification. The Court found the Second Defendant (Consultant Obstetrician) 80% liable for direct clinical negligence and the First Defendant (hospital) 20% liable for institutional failures. MRI evidence confirmed perinatal hypoxic-ischaemic injury, establishing causation. On quantum, RM350,000 was awarded for general damages with a 43-year multiplier applied for future damages. Aggravated damages were dismissed for failure to plead and insufficient evidence of deliberate concealment. Medical negligence; informed consent; CTG monitoring; Bolam-Bolitho test; vicarious liability
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-23ncvc-37-06-2020)