NORAZLEEN MOHAMMED MUSTAFFA vs DR OMAR MD ISA & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 699

COURT OF APPEAL PUTRAJAYA
NORAZLEEN MOHAMMED MUSTAFFA – Appellant
Versus
DR OMAR MD ISA & ANOR – Respondent

Petitioner Advocates:N Ahilan ,Respondent Advocate: GK Ganesan,Sharmini Navaratnam,Shalini Ragunath

Table of Content
1. the appeal arises from a medical negligence case where the plaintiff claims inadequate treatment. (Para 1 , 2 , 3 , 4)
2. the high court initially ruled against the plaintiff, leading to the appeal. (Para 25 , 26)
3. the core issue is whether the 1st defendant was negligent during the surgery. (Para 28 , 29 , 30)
4. the standard of care for medical professionals is determined by court scrutiny, not solely by medical practice. (Para 35 , 36 , 37)
5. the defendants had a duty to inform the plaintiff of surgical risks, including paralysis. (Para 56 , 57 , 60)
6. the appeal was allowed, setting aside the decisions of the high court. (Para 72)

Mohd Hishamudin Yunus JCA:

Introduction

[1] The appeal before us emanates from the decision of the High Court of Penang, namely, the decision in Penang High Court Civil Suit No: 22-518-2008.

[2] The appeal is by the plaintiff (the appellant before us) against the decision of the learned High Court Judge dated 9 November 2012 dismissing the plaintiff's claim with costs.

[3] The plaintiff's claim in the High Court was for damages arising from medical negligence alleged to have been committed by the 1st defendant (the 1st respondent in this

Click Here to Read the rest of this document

2015 MarsdenLR 699

COURT OF APPEAL PUTRAJAYANORAZLEEN MOHAMMED MUSTAFFA – AppellantVersusDR OMAR MD ISA & ANOR – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
NORAZLEEN MOHAMMED MUSTAFFA – Appellant
Versus
DR OMAR MD ISA & ANOR – Respondent