Anand Ponnudurai J:

JUDGMENT

Introduction

[1]Medical professionals are trained to provide the necessary medical care to patients and in so providing, are duty bound to uphold the highest ethical and professional standards as determined by the law. Patients constantly seek and receive medical advice, diagnosis and treatment from doctors. On occasions when the outcome of such advice, diagnosis or treatment is not as desired, legal proceedings may ensue against the doctor and the hospital where the aggrieved party would complain and seek damages for the alleged wrong committed/omitted by the doctor. This is one such case where the Plaintiff is seeking damages in excess of RM 128 million.

[2]When such a claim is commenced, it is then incumbent upon the Court to apply the applicable law to the facts of the case to determine if the doctor was negligent and the hospital be held vicariously liable. Such a determination can only be made upon a full investigation of the facts with the aid of a trial as occurred herein.

[3]In this judgment, I will set out the background facts, pleaded cases / rival contentions and then determine the issues that have arisen with the view of concluding / deciding if