Low Hop Bing J:

Introduction

[1] The complexity of this civil action is unfolded by lay and medical witnesses who testified in these protracted proceedings. The evaluation of their evidence is no doubt time consuming. The consideration and analysis of medical evidence and literature is equally formidable.

The Plaintiffs' Claim

[2] The plaintiffs' action against the first and second defendants is based on medical negligence. The first plaintiff ("the baby") sues by his father who is the second plaintiff (SP1) ("the father"). The baby's mother is the third plaintiff ("the mother").

[3] The crux of the plaintiffs' statement of claim is that the baby was not a healthy normal baby at birth, but with defects, caused by the negligence of the defendants, as a result of which the baby had suffered severe brain damage which three doctors later diagnosed as "Hypoxic Ischaemic Encephalopathy (HIE) with developmental delay". The three doctors are:

(1) SP2 (Dr Soh Chau Peng) a paediatrician in the Melaka Hospital at the material time, and subsequently in private practice attached to the Kluang Utama Specialist Centre;

(2) SP6 (Dr Kuan Geok Lan) a consultant paediatrician attached to the Melaka