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COURT OF APPEAL PUTRAJAYA
DR HARI KRISHNAN & ANOR – Appellant
Versus
MEGAT NOOR ISHAK MEGAT IBRAHIM & ANOR & ANOTHER APPEAL – Respondent
Please provide the legal document content (inside
| Table of Content |
|---|
| 1. appeals relate to negligence findings against medical defendants. (Para 1 , 22) |
| 2. detailing the events surrounding the plaintiff's medical treatment. (Para 3 , 4 , 5 , 21) |
| 3. the court established the absence of informed consent as a failure by the defendants. (Para 28 , 30 , 32) |
| 4. hospital's vicarious liability for employee negligence is reaffirmed. (Para 57 , 59) |
| 5. damages awarded based on pain, suffering, and loss of normal function. (Para 66) |
[1] There are 2 appeals before us. Appeal No W-02-2752-2010 is an appeal by the 1st and the 2nd defendant doctors, and Appeal No W-02-2824-2010) is by the 3rd defendant hospital. Their appeals are against the decision of the High COURT at Kuala Lumpur made on 01 September 2010. The High COURT had allowed the claim on Medical Negligence against the 2 doctors and accordingly found the hospital vicariously liable for the same.
[2] We have heard both the appeals on 22 April 2014 and having considered all the submissions before this COURT, we dismissed the same for the reason we set out below. We will refer to the parties as there were referred to in the High COURT in this judgment.
[3] The plaintiff had a Gian
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