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2025 MarsdenLR 4622

COURT OF APPEAL PUTRAJAYA
BUKIT TINGGI HOSPITAL SDN BHD & ANOR – Appellant
Versus
NAVIN SHARMA KARAM CHAND & ANOR AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Amos Siew Yih Jhien,Nicole Bor Wen Shen ,Respondent Advocate: Manmohan Singh Dhillon,Karthi Kanthabalan,Navpreet Kaur

JUDGMENT

S Nantha Balan JCA:

Introduction

[1] There are 2 appeals before us - Civil Appeal No: B-02 (NCvC)(W)-1482-09/2023 ("Appeal 1482") and Civil Appeal No: B-02 (NCvC) (W)-1483-09/2023 ("Appeal 1483"). The appeals arise out of a medical negligence claim by the Plaintiffs against a private hospital and the medical officer in the Accident and Emergency Department of the hospital at the material time. The Plaintiffs' claim was by way of High Court at Klang via Suit No: Bl-22NCVC-12-05/2022. The Plaintiffs' claim was allowed. The High Court allowed various heads of damages, and both sides have appealed to this Court . The appeals are against the decision of the Learned Judge ("the Judge") of the High Court in Klang delivered on 15 August 2023 after a full trial. The decision of the High Court is reported as Navin Sharma Karam Chand & Anor v. Bukit Tinggi Hospital Sdn Bhd & Anor.

Parties

[2] For convenience and consistency, the parties shall be referred to by their titles in the action in the High Court . The Appellants in Appeal 1482 shall be referred to collectively as "the Defendants" and individually as "D1" and "D2". The Appellants in Appeal 1483 shall be referred to colle

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