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HIGH COURT MALAYA PENANG
SANMARKAN GANAPATHY & ANOR – Appellant
Versus
DATO DR V THURAISINGAM & ORS – Respondent
| Table of Content |
|---|
| 1. parties involved and facts of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal issues identified for determination. (Para 6 , 24 , 28) |
| 3. court's analysis of the duty of care. (Para 7 , 8 , 9) |
| 4. expert testimonies evaluated. (Para 10 , 11 , 12 , 18 , 19 , 20) |
| 5. conclusions on negligence and resulting damages. (Para 26 , 40) |
| 6. discussion on damages and burden of proof in personal injury cases. (Para 34) |
The Parties
[1] 1st plaintiff is the husband while the 2nd plaintiff is the son of Madam Saradhamani a/p Doraisamy Gopal (the deceased) who passed away on 8 February 2005 and both the plaintiffs are the administrators of her estate.
[2] Both the 1st and 2nd defendants are Consultant Physicians and were practicing at all material times at the Gleneagles Medical Centre (the Hospital) owned by the 3rd defendant.
Brief Facts Of The Case
[3] The deceased had been consulting the 1st defendant and/or the 2nd defendant at the Hospital of the 3rd defendant for her medical illness or condition as early as 7 January 1980 before her demise. Since 15 December 1992 until before 15 December 2000, Deceased's medical illness or condition at her various consultations with the 1st
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