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2025 MarsdenLR 2427

HIGH COURT MALAYA KUALA LUMPUR
NITIN SHARMA RAM KRISHEN – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent


Petitioner Advocates:Desmond Mun,Teeloshini Baboo ,Respondent Advocate: Nurhafizza Azizan,Ng Wee Li

Table of Content
1. catastrophic birth injuries due to negligence. (Para 1 , 2 , 4 , 5 , 6)
2. determining issues of negligence and causation. (Para 11 , 12 , 25 , 26)
3. standard of care in medical negligence. (Para 17 , 18 , 19 , 31)
4. expert evidence is foundational in medical liability. (Para 21 , 39 , 41 , 60)
5. final judgment allows plaintiff's claims. (Para 61)
Raja Ahmad Mohzanuddin Shah J:

Preliminary

[1] The plaintiff, at the time of the trial, was a bright young man age 23 years old. Currently, he is pursuing a law degree to become a lawyer. Sadly, compliments cannot adequately convey his physical health and well-being.

[2] The whole episode of bringing a new life into the world should be celebrated as a lifetime joy for a mother and her family. Unfortunately, for the family before me, it resulted in a never- ending series of hospital visits not only for the child, but also for the parents. The plaintiff suffers a permanent disability as a result of a mishap during delivery.

[3] Thus, whether the defendants were responsible for the alleged injuries sustained during birth is a life issue before me.

The Case's Facts: An Overview

[4] The plaintiff was given birth on 14 January 2001 t

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