JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] For ease of reference, parties to the present appeal shall be referred as they were before the trial Court below.

[2] This is the 2nd Defendant's appeal against the decision of the learned trial Judge who had allowed the Plaintiff's medical negligence claim against the 2nd Defendant. This appeal is against liability and quantum of damages.

Background Facts

[3] The learned trial Judge has thoroughly set out the background facts in her grounds of judgment. We respectfully adopt them with some modifications we deem necessary.

[4] The Plaintiff was 14 years old when he suffered a blunt trauma injury to his right eye during a tennis match on 30 August 2008. The Plaintiff was taken to Klinik Putra Perdana to receive treatment. The attending doctor at the clinic advised him to see a specialist. In his evidence, the Plaintiff said he experienced a temporary loss of vision for about 45 minutes.

[5] The Plaintiff then went to the emergency department at Subang Jaya Medical Centre ("SJMC") for treatment. Dr Salinder Kaur a/p Sauram Singh ("PW4"), who was on duty at that time, attended to the Plaintiff. The Plaintiff complained of impaired vision for 45 min