NUR SYARAFINA SAARI vs KERAJAAN MALAYSIA & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 166

HIGH COURT MALAYA KUALA LUMPUR
NUR SYARAFINA SAARI – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent

Petitioner Advocates:Khabir Dhillon ,Respondent Advocate: Nurhafizza Azizan

Table of Content
1. the plaintiff's complications arose from inadequate treatment during childbirth. (Para 1 , 2 , 4)
2. the defendants' failure to comply with the consent judgment prompted further legal action. (Para 12 , 15 , 17)
3. the court identified negligent behavior in the defendants' handling of the plaintiff's case. (Para 63 , 64 , 76)

Faizah Jamaludin JC:

Facts

[1] This is a claim by the plaintiff for medical negligence in respect of injury she had suffered during the birth of her first child, Zahra Afrina binti Mohd Zahir, on 7 March 2014 at Hospital Bentong and the subsequent medical treatment she received at the Hospital Sultan Haji Ahmad Shah, Temerloh ("Hospital Temerloh"). Both hospitals are owned and operated by the Government of Malaysia through the Ministry of Health Malaysia.

[2] The plaintiff suffered a third to fourth degree perineal tear during the delivery of her baby. She was sutured by the doctors at Hospital Bentong and discharged the next day on 8 March 2014.

[3] The plaintiff's baby also suffered injury during the delivery. She suffered asphyxia and underwent resuscitation and recovery in the neonatal intensive care unit. The baby was transferred from Hospital

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2018 MarsdenLR 166

HIGH COURT MALAYA KUALA LUMPURNUR SYARAFINA SAARI – AppellantVersusKERAJAAN MALAYSIA & ORS – Respondent

Cases Referred (2)

HIGH COURT MALAYA KUALA LUMPUR
NUR SYARAFINA SAARI – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent