ROHGETANA MAYATHEVAN vs DR NAVIN KUMAR & ORS AND OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1076

COURT OF APPEAL PUTRAJAYA
ROHGETANA MAYATHEVAN – Appellant
Versus
DR NAVIN KUMAR & ORS AND OTHER APPEALS – Respondent

Table of Content
1. case background and damages awarded (Para 1 , 2 , 4 , 5)
2. damages were assessed based on categories of incurred expenses. (Para 6 , 8 , 10 , 11)
3. consideration of special and pre-trial damages (Para 12 , 14 , 16 , 18 , 22 , 37)
4. the treatment of special damages was contested but ultimately upheld. (Para 15 , 17 , 26)
5. pre-trial damages included areas of contention regarding amounts awarded. (Para 19 , 23 , 25)
6. future damages and the relevant standards of proof (Para 30 , 32 , 36 , 41)
7. future damages assessment focused on the reasonableness and necessity of expenses. (Para 34 , 39)

[1] The appellant in appeals M-01(IM)-273-08-2015 and M-01(IM)-274-08- 2015 was the 3rd plaintiff in an action filed on 3 September 2009, originally in the Sessions Court. The 3rd plaintiff together with her parents (the 1st and 2nd plaintiffs) had sued for damages premised on a cause of action in medical negligence which allegedly had occurred during her birth on 19 November 2006 at the Malacca Hospital. It was claimed that in consequence thereof the 3rd plaintiff presently suffers from cerebral palsy.

[2] The defendants who were cited in that action were the appellants now befor

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2017 MarsdenLR 1076

COURT OF APPEAL PUTRAJAYAROHGETANA MAYATHEVAN – AppellantVersusDR NAVIN KUMAR & ORS AND OTHER APPEALS – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
ROHGETANA MAYATHEVAN – Appellant
Versus
DR NAVIN KUMAR & ORS AND OTHER APPEALS – Respondent