SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 MarsdenLR 2040

COURT OF APPEAL PUTRAJAYA
INAS FAIQAH MOHD HELMI – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent


Table of Content
1. assessment of damages in negligence. (Para 1 , 2 , 4)
2. criteria and process for awarding damages. (Para 3 , 6 , 41)
3. expert opinions in claims involving medical evidence. (Para 5 , 10 , 11 , 12)
4. disallowance of claims based on lack of evidence. (Para 7 , 15 , 20 , 30)
Rohana Yusuf JCA:

[1] The appellant's appeal concerns the assessment of damages ordered by the High Court at Shah Alam on 16 April 2013, resulting from a claim on medical negligence. The appellant, an infant suing through her father as her next friend, suffered from Quadriplegic Spastic Cerebral Palsy ("QSCP") arising from child birth and treatment at the 1st respondent's hospital. At the date the matter was set for trial at the High Court, liability was agreed between parties and the trial proceeded only on the issue of damages. At the end of the trial the learned High Court Judge awarded a total sum of RM1,193,442.39 as damages together with interest and costs.

[2] The appellant contended that the sum awarded by the learned judge was manifestly low. Dissatisfied with some of the items of damages not taken into account, the appellant lodged this appeal which came before us on 24 February 2014. We

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top