JUDGMENT

Roz Mawar Rozain J:

[1] This is a medical negligence claim arising from two aesthetic procedures performed by the Defendant on the Plaintiff. The procedures involved nose implant work and ear cartilage grafting. At the heart of this case lies a fundamental question: whether the Defendant, as an aesthetic medical practitioner qualified only under Chapter 1 of the Guidelines on Aesthetic Medical Practice (LCP), was qualified and licensed to perform these procedures on the Plaintiff. If he was, did he breach his standard of care towards the Plaintiff? Was the Plaintiff's pain and suffering due to the Plaintiff's breach?

[2] The Plaintiff had commenced his suit for medical negligence against the Defendant and one Dr Jeffrey Lim Chung Yeow, both of whom were practising together at Gorgeous Clinic, G-6 Block A Vista Magna, Metro Prima Kepong, 52100 Kuala Lumpur. That was where the two aesthetic procedures undertaken by the Defendant on the Plaintiff took place. His suit was filed on 28 March 2022. On 27 September 2023, the Plaintiff withdrew his claim against Dr Jeffrey Lim Chung Yeow. The trial was against the Defendant alone.

[3] Prior to the trial, on 20 April 2023, this Court