[1] There are three appeals before us arising out of a decision by the High Court at Pulau Pinang given on 30 December 2014. These appeals were ordered to be heard together.

[2] There were two suits filed in the High Court. The first was a medical negligence claim against Dr Quah Thong Sai (the 1st defendant) and a claim in vicarious liability against Hospital Lam Wah Ee ("the Hospital").

[3] The second suit was a claim by the Hospital against the parents of the infant known as Natahlie Nordberg ("the infant") for outstanding charges incurred at the Hospital. Both suits were heard together in the High Court.

[4] The first suit or as we would term it "the medical negligence suit" was brought against the 1st defendant on various allegations of breach of duty giving rise to a claim in medical negligence. The 1st defendant was then practising as an obstetrician and gynaecologist at Law Wah Ee Hospital, Penang.

Salient Facts

[5] It transpired that during the process of delivery, the baby encountered shoulder dystocia w