JUDGMENT

I. PLAINTIFF'S CLAIM

[1] The plaintiff's claim is based on :

(a) vicarious liability against Excellent Strategy Sdn Bhd ("the first defendant") as the party having care and control of Mahkota Medical Centre ("the hospital");

(b) negligence of the second defendant Dr. Lim Ah Tee ("Dr. Lim") who in providing treatment was alleged to have failed to take any proper precaution to prevent injury to the plaintiff's spinal cord; and

(c) negligence of the third defendant Dr. Chow Ken Tek ("Dr. Chow") who was alleged to have made an initial diagnosis of stroke based on the plaintiff's presenting symptoms without making, or considering an alternative diagnosis, or referring to a specialist capable of making an alternative diagnosis.

II. THE FACTS

[2] After a full trial, the narrative of my finding of facts may be unfolded below. All the events described hereinafter took place in 1998, unless otherwise stated.

[3] In 1998, the 41 year-old plaintiff worked as a free lance estate broker in Melaka.

[4] Sometime in February, the plaintiff carried some weights and developed back pain.

[5] In March, the plaintiff consulted a general practitioner, Dr. Lee Jon Kwang (SP4) who treated the plaintiff for fever and backache on 9 and 10 March. Upon noting glucose in the plaintiff's urine on 14 March, SP4 ordered a blood test which confirmed that the plaintiff suffered from diabetes, and prescribed medication for treatment thereof.

[6] On 15 March, the plaintiff went to the accident and emergency department of the hospital ("A and E department") for treatment. He was seen by Dr. Urn, a consultant orthopaedic surgeon, who noted that the plaintiff had been told earlier that he (the plaintiff) had diabetes mellitus recently.

[7] When the plaintiff saw Dr. Urn, he had a three-week history of lower backache and was treated by Dr. Lim. The plaintiff was hospitalised from 15 to 18 March ("the first admission").

[8] Dr. Lim treated the plaintiff for lower backache and referred him to Dr. Chow for management of his gastritis and diabetes mellitus.

[9] Although the plaintiff testified that he only found out that he was a diabetic when he saw SP4 in March, there was evidence from Dr. Chow, a consultant physician and gastroenterologist who stated in his medical report, exhibit D9, that the plaintiff's diabetes mellitus was apparently diagnosed about 10 years earlier, and the plaintiff was only on dietary control.

[10] During the first admission, the plaintiff underwent physiotherapy for the lower backache. His pulse rate and glucose levels were high. He had a history of recent weight loss, poor appetite and slept poorly overnight on 17 March.

[11] No investigation to rule out infection was carried out.

[12] When the plaintiff was discharged on 18 March, Dr. Chow requested the plaintiff to return for outpatient physiotherapy and review within one week.

[13] The plaintiff returned as an outpatient on 20 March. He saw Dr. Lim and complained of pain at the neck but with no fever. Dr. Lim undertook conservative treatment which included physiotherapy, after which the plaintiff returned home.

[14] On 23 March at 9.00pm, the plaintiff suffered sudden weakness of his right limbs and was sweating.

[15] The plaintiff returned to the A and E department at 10.30 am on 24 March and was admitted until 16 May ("the second admission"). It was recorded that the plaintiff had a high pulse rate of 115 and was having a temperature of 38°C. Having examined the plaintiff and considered the plaintiff's history, Dr. Chow suspected that the plaintiff had suffered a stroke and ordered a C.T.scan of the brain. At 11.45am on 24 March, it was recorded that no infarct was seen. The patient was managed on provisional diagnosis of a stroke.

[16] The plaintiff's condition was stable. When Dr. Chow saw the plaintiff at 6.20pm on 24 March, he noted that the plaintiff could not pass urine and was having fever. The glucose level was elevated. Nursing notes on the plaintiff's admission to the