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2016 MarsdenLR 556

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


Table of Content
1. negligence in delivery leading to severe injury. (Para 1 , 2 , 4)
2. claims on future damages standard questioned. (Para 5 , 6 , 7)
3. balance of probabilities as standard in assessing future damage. (Para 10 , 12 , 20)
4. future loss not just probabilistic; possibility must be shown. (Para 13 , 15)
5. ruling affirms trial judge's awards with adjustments. (Para 28 , 60)
Abdull Hamid Embong FCJ:

[1] The appellant was born on 14 May 2007 at Sungai Buloh Hospital, which is owned and operated by the 1st respondent. The 2nd and 3rd respondents are obstetrics and gynaecology medical offier and consultant paediatrician respectively, who were alleged to have been negligent in the delivery of the appellant and in the proper attending of the appellant and her mother before, during and after the appellant's birth.

[2] The appellant, who was suing through her father as her next friend, claimed negligence on the part of the respondents in attending to the appellant's mother's pregnancy which led to the birth of the appellant and in the care and treatment given to the appellant following her birth. The appellant alleged that as a result of the negligence, the appellant was severely a

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