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2019 MarsdenLR 2639

HIGH COURT MALAYA KUALA LUMPUR
PYU PYU MA – Appellant
Versus
DR LIM SOO HOW & ORS – Respondent


Petitioner Advocates:PS Ranjan,Karthi ,Respondent Advocate: Azlina Mahmud

Table of Content
1. court finds serious medical negligence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. post-operative care and consequences discussed. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. summary of claims by plaintiff. (Para 14)
4. legal grounds for adjudication. (Para 17 , 38 , 42)
5. plaintiff's claims are summarized. (Para 19 , 20 , 21)
6. legal principles referred from previous cases. (Para 22 , 23 , 25 , 26 , 27 , 28)
7. court's analysis of negligence and findings. (Para 30 , 31)
8. final directions issued based on findings. (Para 70 , 71)

[1] This is the decision of the Court in respect of the Plaintiff's claim for medical negligence.

Chronological Background

[2] The Plaintiff is a Rohingya refugee who has been in Malaysia since 2011. Being a United Nation High Commissioner for Refugees ("UNHCR") cardholder, she is entitled to subsidised health care at the Klang Hospital ("the Hospital"). This meant that she had to pay charges imposed by the Hospital.

[3] On 9 August 2014, the Plaintiff was admitted to the labour ward of the Hospital. Due to the slow progress of her labour, the doctors decided to hasten the same by augmenting it with oxytocin.

[4] Shortly thereafter, the Plaintiff successfully d

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