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2017 MarsdenLR 2548

HIGH COURT KUALA LUMPUR
FARAH AHMED NAJI AL-SAHHAF – Appellant
Versus
DR LEE WENG SENG & ORS – Respondent


Petitioner Advocates:Manmohan S Dhillon,Ramakrishna Tharini ,Respondent Advocate: Dhinesh Bhaskaran,Nurulhuda Mansor

Table of Content
1. the plaintiff's severe injuries were due to surgical negligence. (Para 1 , 2 , 3)
2. assessments of negligence needed thorough medical expert evaluations. (Para 18 , 20 , 21)
3. the calculation of damages reflects estimated life expectancy in negligence cases. (Para 22 , 59 , 60)
4. consideration of expert testimony related to prognosis. (Para 36 , 46 , 47)
5. determination of damages based on life expectancy estimates. (Para 56 , 61 , 62)

[1] This is an action for medical negligence by an infant, named Farah Ahmed Naji Al-Sahhaf ("the plaintiff") against a team of medical/surgical specialists at a private hospital. The hospital is also a defendant in the action. The plaintiff was born on 21 June 2008 and sues by her father and litigation representative, Mr Ahmed Naji Musa Al-Sahhaf ("Mr Ahmed"). These are my grounds of judgment after a full trial. The trial was in respect of the quantum of damages as parties had agreed that consent judgment on liability be recorded against some of the defendants.

Background

[2] The plaintiff was six (6) years old when she was admitted to the Gleneagles Hospital Kuala Lumpur for cardiothoracic surgical treatment of a congenital heart co

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