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2024 MarsdenLR 1465

HIGH COURT MALAYA IPOH
USAMAH ARIFFIN ABDILLAH & ORS – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent


JUDGMENT

Abdul Wahab Mohamed J:

Introduction

[1] The matter before this Court concerns a claim brought by the 1st Plaintiff, a minor, through his lawful father and litigation representative, Abdillah bin Ariffin, alongside the 2nd and 3rd Plaintiffs, who are the lawful parents of the 1st Plaintiff.

[2] The Defendants are medical officers and specialists employed by the 1st Defendant, the Government of Malaysia, and are attached to Hospital Raja Permaisuri Bainun in Ipoh and Hospital Kuala Lumpur.

[3] The Plaintiffs allege negligence on the part of the Defendants in the diagnosis, treatment, and management of the 1st Plaintiff following a motor vehicle accident on 5 January 2019. This alleged negligence led to severe medical complications, culminating in the amputation of the 1st Plaintiffs right leg above the knee.

[4] The Plaintiffs seek damages under several heads, including special and general damages, on the basis that the Defendants' actions fell below the standard of care expected in the circumstances, thereby causing unnecessary suffering and financial loss to the 1st Plaintiff.

Background Facts

[5] The 1st Plaintiff, being a minor at the time of incident, institutes this action t


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