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HIGH COURT MALAYA KLANG
NAVIN SHARMA KARAM CHAND & ANOR – Appellant
Versus
BUKIT TINGGI HOSPITAL SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claim based on medical negligence. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendants' defense against negligence claims. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. burden of proof in civil cases. (Para 13 , 14 , 15 , 16 , 17) |
| 4. standard of care in medical negligence. (Para 18 , 19 , 20 , 21 , 22) |
| 5. negligence established through failure to diagnose. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. vicarious liability of the hospital. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. claims for damages and compensation. (Para 36) |
A. Brief Facts Of Plaintiffs' Claim
[1] The Plaintiffs are suing on behalf of the estate of Suman Rampal, the deceased ("hereinafter referred as Suman"). 1st Plaintiff is the husband and the 2nd Plaintiff is the sister of the deceased.
[2] On 13 May 2019 at about 4.10 am at the A&E of the 1st Defendant's hospital, Suman complained of severe abdominal pain over the last 2 days. The pain was getting worst and was mostly felt on the right flank of her abdomen. She was seen by the 2nd Defendant. When Suman was seen and treated by 2nd Defendant, she gave a good description of her condition and gave a complete history of her illness. Suman told the 2nd Defenda
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