HIGH COURT MALAYA IPOH
THAVANI KALIAPERUMMAL – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent
| Table of Content |
|---|
| 1. case background and negligence (Para 1) |
| 2. details of medical treatment (Para 2 , 3) |
| 3. plaintiff's claims for damages (Para 4) |
| 4. claim for special damages (Para 5) |
| 5. claims for police and medical reports (Para 6 , 7) |
| 6. allowance of funeral expenses (Para 8 , 9 , 10 , 12 , 13) |
| 7. claim for loss of dependency (Para 11) |
| 8. assessment of general damages (Para 14 , 15 , 16) |
| 9. global award for pain and suffering (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 34 , 35) |
| 10. costs and interest awarded (Para 33) |
JUDGMENT
Introduction
[1] The case involves Thavani A/P Kaliaperummal, the lawful mother and dependent of the deceased Komathi A/P Chellamuthu, who tragically passed away on 5 July 2018. Komathi sustained a right knee injury from a motorcycle accident on 4 May 2018. She received initial treatment at the 2nd defendant clinic, where she was diagnosed with a soft tissue injury and discharged with painkillers. Despite multiple subsequent visits to the clinic and the 6th defendant hospital, Komathi's condition was consistently misdiagnosed as a soft tissue injury without adequate investigation for potential Deep Vein Throm
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