JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] This is our decision on the Appellants' appeal and the Respondent's cross-appeal against the learned Judicial Commissioner's ("JC") decision on the quantum of damages awarded in a medical negligence claim.

Brief Facts

[2] The learned JC had extensively set out the facts of the case in her grounds of judgment. For this appeal, the pertinent facts can be summarised as follows.

[3] On 2 May 2017, the Respondent was admitted to Taiping Hospital ("the Hospital") for suspected "leaking liquor" or leaking of amniotic fluid, which is one of the signs of labour.

[4] On 3 May 2017, at around 3.10pm., the Respondent gave birth to a healthy baby weighing 3.65 kg. However, it was later discovered that the Respondent had suffered a third-degree perineal tear, resulting in a sphincter injury. This is also commonly referred to as obstetric anal sphincter injury ("OASI").

[5] On 4 May 2017, surgery was performed to repair the tear. The Respondent was put on antibiotics for two weeks and laxative syrup to prevent wound breakdown.

[6] On 5 May 2017, the Respondent complained of loose anal stools and inability to control motion. A rectal examination revealed a lax a