The court established a high standard of care for medical professionals and emphasized timely intervention in medical emergencies, finding liability for negligence in failure to secure necessary treatment.

Abdul Wahab Mohamed J:

GROUNDS OF JUDGMENT

INTRODUCTION

[1]This is an action filed by the Plaintiff, Ahmad Thaqif Amzar bin Ahmad Huzairi through his mother and legal representative Majdah binti Mohd Yusof (PW1) claiming that the Plaintiff had suffered severe and irreversible brain damage as a result of the Defendants negligence conduct.

[2]The Plaintiff had in the present case called the following witnesses:-

(i)the mother and litigation representative of the Plaintiff Puan Majdah binti Mohd Yusof (SP1);

(ii)the liability expert, consultant otorhinolaryngologist Professor Datuk Paduka Dr Balwant Singh Gendeh (SP2);

(iii)the quantum expert, consultant rehabilitation physician Dr Kavitha Uma Ratnalingam (SP3); and

(iv)the father of the Plaintiff Encik Ahmad Huzairi bin Ali (SP4).

[3]The 1^st and 2^nd Defendants had called the following witnesses:-

(i)the 2^nd Defendant, Dr Zainal Rashid bin Abdullah (SD8(D2)); and

(ii)his liability expert, emergency & trauma physician Dr Mahathar Abd Wahab (SD9(D1)).

[4]The 3^rd to 12^th Defendants witnesses are as follows:-

(i)the 8^th Defendant, Dr Khairuddin bin Ismail (SD1(D8));

(ii)the 4^th Defendant, Dr Zaidatul Akmal binti Othman (SD2(D4));

(iii)the 6^th Defendant, Dr Zul Akmar binti Zakaria (SD3(D6));

(iv)the 11^th Defendant, Dr Rabiatul Aida binti Ramli (SD4(D11));

(v)the 10^th Defendant, Dr Mastural binti Mohamed (SD5(D10));

(vi)the 12^th Defendant, Dr Abdul Karim Othman (SD6(D12));

(vii)the 7^th Defendant, Dr Ahmad Mardzuki bin Ibrahim (SD7(D7));

(viii)the 9^th Defendant, Dr Nik Nabihah binti Nik Razin (SD11(D9));

(ix)the 5^th Defendant, Dr Muhammad Fathil bin Karim alias Kasim (SD10(D5));

(x)their liability expert, otorhinolaryngologist Dr Norzi binti Gazali (SD12);

(xi)their quantum expert, rehabilitation physician Dr Rahimah binti Nawi (SD13)

BACKGROUND FACTS

[5]The Plaintiff was suffering from a fever and a swelling on his neck and was brought to the 1^st Defendant’s Hospital (“KTSH”) and was treated by the 2^nd Defendant on 30.8.2011, the 2^nd Defendant had diagnosed the Plaintiff with the following condition:-

(i)a fever of 39.8°C;

(ii)swollen Cervical Lymph Node; and

(iii)Lymphadenitis inflamed.

[6]Upon examination, the 2^nd Defendant had prescribed the Plaintiff with the following medicine:-

(i)Paracetemol syrup;

(ii)Brufen syrup; and

(iii)Unasyn syrup.

[7]On 1.9.2011, the Plaintiff’s parents had brought him to KTSH for a 2^nd time (“2^nd Visit”) and the Plaintiff was again examined by the 2^nd Defendant. Upon examination by the 2^nd Defendant, it was discovered that the Plaintiff’s temperature had dropped to 37.8°C and that the Cervical Swelling had increased in size.

[8]The 2^nd Defendant had advised for the Plaintiff to be warded at KTSH to be referred to the pediatrician/ENT Specialist, but the said admission was refused by the Plaintiff’s parents and the Plaintiff was brought home instead.

[9]Five days later, PW1 had brought the Plaintiff to Klinik Engku Shaikh where a referral letter was issued to refer the Plaintiff to Hospital Sultanah Nur Zahirah (HSNZ).

[10]The Plaintiff’s parents had on 5.9.2011 at 11.15 p.m. brought the Plaintiff to HSNZ where the Plaintiff was attended by a medical officer at HSNZ at 12.49 a.m.

[11]At about 1:47 am on 6 September 2011, Thaqif was seen by the house officer Dr Zaidatul, the 4^th Defendant. She prescribed medications and noted that his pulse rate was 112 beats per minute.

[12]At about 8:52 am, the 4^th Defendant saw Thaqif again. The plan was for Thaqif to undergo an examination of the neck and an X-ray examination.

[13]At about 9:11 am, Thaqif was seen by yet another house officer Dr Zul Akmar, the 6^th Defendant. She had incorrectly noted that Thaqif had “right neck swelling”.

[14]At about 9:54 am, Thaqif was seen by the 6^th Defendant and Dr Fathil, the 5^th Defendant. The X-ray investigation was undertaken and a plan was made