NURUL HUSNA MUHAMMAD HAFIZ & ANOR vs KERAJAAN MALAYSIA & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Petitioner Advocates:MS Dhillon,KB Karthi ,Respondent Advocate: Zaliha Mohd Janis,Najiah Zaimah Aris

Table of Content
1. negligence led to severe brain damage. (Para 1 , 2)
2. defendants denied liability and withheld records. (Para 3 , 4)
3. court ordered discovery of medical records. (Para 5 , 7)
4. defendants denied liability and withheld medical records. (Para 6)
5. inquiry report indicated substandard medical care. (Para 8 , 9)
6. defendants did not formally admit liability. (Para 10 , 11)
7. evolving principles of patient access to medical records. (Para 12 , 13)
8. patients have a right to access medical records. (Para 14 , 15 , 16 , 17)
9. patients' rights to medical records supported by common law principles. (Para 18 , 19 , 20)
10. patient's ownership of records is qualified. (Para 21 , 22)
11. legal duties affirming the patient's access to medical records. (Para 23)
12. plaintiffs provided evidence of care needs. (Para 24 , 25 , 26 , 27)
13. claims for damages must not consider government provided care. (Para 28 , 29 , 30)
14. awarding damages needs to reflect the victim's needs. (Para 31 , 32 , 33)
15. special damages must be clearly claimed and evidenced. (Para 34 , 35)
16. future care costs must be assessed responsibly based on expert opinion. (Para 39 , 43)

[1] The 1st plaintiff (Nur