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 plai