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2010 MarsdenLR 3208

HIGH COURT MALAYA, ALOR SETAR
ARULAPPAN KANNAN – Appellant
Versus
DR SURESH CHOPRA & ORS – Respondent


Table of Content
1. plaintiff's worsening condition after surgery. (Para 2 , 3 , 8)
2. defendants' explanation of risks and informed consent. (Para 4 , 11 , 12)
3. court's observations on negligence claims. (Para 13 , 14 , 15)
4. standard of care in medical negligence. (Para 18 , 24 , 25)
5. document authenticity and evidential weight. (Para 30 , 31 , 32)
Sofian Abd Razak J:

[1] This was an action brought by the plaintiff against the first defendant and the second defendant respectively for damages for negligence. At the conclusion of the trial the plaintiff called two and the defendants called three witnesses respectively.

The Brief Facts According To The Plaintiff

[2] The plaintiff was at all material times a police personnel with the rank of Lance Corporal with Royal Malaysian Police. He was suffering from pain over his back and his spine as well as numbness over his right leg since 1996. He went to Hospital Alor Setar for treatment since 1996. He was diagnosed as suffering from 'Degenerative Disc Disease'. Since 13 November 1996, the first defendant had treated the plaintiff conservatively. However over time, condition worsened. On 20 June 2000, the plaintiff underwent 'Spinal Decompres

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