Introduction

[1] We gave our decision earlier, where we had, by majority, dismissed the appeal with costs. My learned brother, Hashim bin Hamzah JCA, has read this judgment in draft and agreed to it.

[2] The appellant, then 78 years old, suffered brain damage after she visited the dentist, namely the respondent. She has since remained bedridden and dependent on others for sustenance. It was alleged that the appellant's condition was due to an anaphylactic shock caused by the respondent's negligence. The High Court dismissed the appellant's claim after a full trial, hence this appeal.

Facts

[3] The appellant went to the respondent's dental clinic to address a toothache. This clinic was situated on the first floor. It was agreed that one of her molars needed to be extracted. The respondent had firstly injected Lignocaine into the appellant's gums to anaesthetize it. She was then given some tablets of Amoxicillin, Flagyl and paracetamol to consume before the extraction. She struggled to breath soo