Low Hop Bing J:

Appeal

On 20 June 1992, the Sessions Court Judge in Kuala Lumpur found the 2nd defendant Dr Wong Wai Ping herein wholly liable in professional medical negligence for the death of the patient Yong Siew Yin consequent upon her delivering a baby. The 1st defendant, Hospital Pantai Sdn Bhd was held to be vicariously liable for the conduct of the 2nd defendant. For ease of reference, the respondent in this appeal shall be referred to as the plaintiff and the appellants viz Hospital Pantai Sdn Bhd and Dr. Wong Wai Ping, as the 1st defendant and the 2nd defendant respectively. Both the defendants, being dissatisfied with the said decision, appeal to this court in respect of the issue of liability only.

Complexity Of The Case

The factual matrix of this case based on medical negligence is somewhat complex, and the trial sessions court judge did experience enormous difficulties in attempting to put the facts and circumstances of the case as comprehensibly as possible. The complexity of this appeal, by way of rehearing, is reflected in 3 substantial volumes of the appeal record, consisting of a total of some 1300 pages of notes of evidence, documentary exhibits and g