The hospital’s liability extends to the negligence of medical professionals engaged in its facility, emphasizing a non-delegable duty of care towards patients.

[1] The appellants claim of negligence against the 1st respondent who was the surgeon who attended to the late Catherine Jeya Sellamah was allowed with costs but their claims against the 2nd respondent, the hospital to which the deceased was admitted and treated was dismissed. The appellants appeal before us is in respect of that dismissal and against the quantum of damages awarded. There is no appeal by the 1st respondent and neither are there cross-appeals by any of the respondents. The issue of liability in respect of the 1st respondent therefore does not arise.

[2] Although there were originally seven defendants, the appellants withdrew their actions against five of them, leaving the present two respondents that we see before us. The 1st appellant is the lawful husband of the late Catherine while the other two appellants are their children.

[3] This is what happened to Catherine. She was admitted to the 2nd respondent hospital on 2 March 2012 upon a referral by Dr K Ruby of Klinik dan Surgeri Sri Damansara. The referral note is addressed to the "Surgeon on call (Dr Hari Rajah), Casualty, DSH". Catherine complained of vomiting, diarrhoea and severe lower abdominal pain of a two-day duration. She had already been seen by another GP in Rawang prior to the referral by Dr Ruby. At Damansara Specialist Hospital (2nd respondent), she was examined by the 1st respondent, a consultant general surgeon who then advised immediate surgery. The 1st respondent performed a laparotomy and appendectomy on the same day. Catherine stayed at the hospital for several days and was discharged on 6 March 2012.

[4] On 11 March 2012, she was re-admitted following a similar complaint of vomiting, diarrhoea and lower abdominal pain. At the A&E Department, she was first seen by the Medical Officer and later reassessed by the 1st respondent, also at A&E. The 1st respondent diagnosed that Catherine had a paralytic ileus that was causing her abdominal distension and the possibility of collection of residual pus in the abdomen which accounted for the high white cell count. The 1st respondent immediately started Catherine on antibiotics. However, her condition worsened and the 1st respondent then instructed that Catherine be transferred from the ward to ICU. At the ICU, Catherine had a cardiac arrest. CPR was administered and although she recovered, she was put on a respirator and started on cardiac support. Unfortunately, she passed away at the hospital on 21 March 2012. The cause of death in the death certificate states: "multiple organ failure - septicaemia acute appendicitis - peritonitis". Her husband and their children sued for various damages arising from her death.

[5] After a full trial, the learned judge found the 1st respondent fully liable. According to the learned judge, the 1st respondent was negligent in managing Catherine and in ensuring that she was properly examined and treated. In the learned judges view, had the 1st respondent exercised reasonable skill in keeping with correct medical practice in his treatment and examination of Catherine, the complications that she suffered could have been avoided by proper care, skill and diligence: "Berdasarkan pada keterangan yang dikemukakan, mahkamah dapati defendan pertama telah cuai dalam menguruskan Catherine bagi mendapat rawatan dan pemeriksaan yang sewajarnya bagi komplikasi-komplikasi yang beliau alami yang mana dari segi perubatan jika rawatan dan pemeriksaan y