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2025 MarsdenLR 570

HIGH COURT MALAYA IPOH
THAVANI KALIAPERUMMAL – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent


Petitioner Advocates:Ranjit Singh,Harveynder Singh Tyndall ,Respondent Advocate: Fariza Amira Azman

JUDGMENT

Moses Susayan JC:

Introduction

[1] The case involves Thavani Kaliaperummal, the lawful mother and dependent of the deceased Komathi A/P Chellamuthu, who tragically passed away on 5 July 2018. Komathi sustained a right knee injury from a motorcycle accident on 4 May 2018. She received initial treatment at the 2nd defendant clinic, where she was diagnosed with a soft tissue injury and discharged with painkillers. Despite multiple subsequent visits to the clinic and the 6th defendant hospital, Komathi's condition was consistently misdiagnosed as a soft tissue injury without adequate investigation for potential Deep Vein Thrombosis (DVT).

[2] Her condition worsened over several weeks, leading to severe pain and swelling in her right lower limb. Despite repeated complaints and multiple hospital visits, proper diagnostic tests, such as ultrasound for DVT, were not performed. Only on her final visit, after persistent family requests, was she admitted for further investigation. Unfortunately, by then, the condition had worsened, and she was discharged without a correct diagnosis or appropriate treatment for DVT.

[3] Komathi's condition deteriorated rapidly after her discharge, leading

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