ZULHASNIMAR HASSAN BASRI & ANOR vs DR KUPPU VELUMANI P & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1208

COURT OF APPEAL PUTRAJAYA
ZULHASNIMAR HASSAN BASRI & ANOR – Appellant
Versus
DR KUPPU VELUMANI P & ORS – Respondent

Petitioner Advocates:MS Dillon ,Respondent Advocate: Darryl Goon,Maidzuara Mohammed,Charlene Chin

Table of Content
1. dismissal of plaintiffs' claim due to lack of medical negligence. (Para 1 , 2)
2. circumstances surrounding the collapse of the first plaintiff. (Para 5 , 6 , 8)
3. high court's determination on labor and medical practice. (Para 9 , 10)
4. resuscitation efforts are confirmed despite record discrepancies. (Para 25 , 26 , 29)
5. final ruling adressed on appeals and judicial evaluations. (Para 52)

Aziz Abdul Rahim JCA:

[1] On 29 July 2011, the learned High Court Judge dismissed the plaintiffs' claim against the 1st, 2nd and 6th defendants with costs to be taxed and paid by the plaintiffs to the defendants. This is the plaintiffs' appeal against that decision. The claim against the 3rd, 4th and 5th defendants were withdrawn during the hearing at the High Court.

[2] In this appeal, the parties shall be referred to as they were before the High Court.

Background Facts

[3] At all material times, the 1st defendant (Dr Kuppu Velumani P) and the 2nd defendant (Dr Marlik Abu) practised at the Ampang Puteri Specialist Hospital (3rd defendant) as Consultant Obstetrician and Gynaecologist. The 1st plaintiff, Zulhasnimar binti Hassan Basri was a patient of the 1st defendant. The 2nd plai

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2016 MarsdenLR 1208

COURT OF APPEAL PUTRAJAYAZULHASNIMAR HASSAN BASRI & ANOR – AppellantVersusDR KUPPU VELUMANI P & ORS – Respondent

COURT OF APPEAL PUTRAJAYA
ZULHASNIMAR HASSAN BASRI & ANOR – Appellant
Versus
DR KUPPU VELUMANI P & ORS – Respondent