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2024 MarsdenLR 853

HIGH COURT MALAYA KUALA LUMPUR
MOHD SAUFI SAMAN & ORS – Appellant
Versus
DATO DR AHMAD MURTAZAM & ORS – Respondent


Petitioner Advocates:Rejinder Singh,Mohammed Nasser ,Respondent Advocate: Raja Eileen Soraya,Melanie Lim

JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

Introduction

[1] Mr Saman Abdullah ("the Deceased") felt uncomfortable one night. He was rushed to the Ampang Puteri Specialist Hospital ("the 3rd Defendant Hospital") after series of vomiting, headache, and weakness. He was given immediate attention and surgery procedure was conducted by the specialist Dato' Dr Ahmad Murtazam ("1st Defendant") and Dato' Dr Samina A. Ghani (2nd Defendant"). The surgery was successful, and the Deceased lived for another 11 years before his demise at the end of this trial. However, the Deceased and the family felt that they were not given proper treatment during the surgery. Hence, this action ("this Action") was filed against the 1st Defendant, the 2nd Defendant, and the 3rd Defendant Hospital.

Brief Facts Of The Case

[2] The 1st, 2nd and 3rd Plaintiffs consist of the son, the wife, and the daughter of the Deceased, respectively. All of them together with the Deceased during his lifetime filed this Action alleging medical malpractice against the Defendants.

[3] On 22 September 2011, complaining of headache, vomit, weakness and severe chest pain, the Deceased was rushed to the 3rd Defendant Hospital. Upon exam

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