DR KOK CHOONG SENG & ANOR vs SOO CHENG LIN & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1804

FEDERAL COURT PUTRAJAYA
DR KOK CHOONG SENG & ANOR – Appellant
Versus
SOO CHENG LIN & ANOTHER APPEAL – Respondent

Table of Content
1. overview of medical negligence claims and the appeals related. (Para 1 , 2 , 4)
2. the case involves claims of medical negligence against hospital and surgeon. (Para 3)
3. discussion of liability and claim for medical expenses. (Para 10 , 12 , 16)
4. articulates the interpretation of a non-delegable duty of care for private hospitals. (Para 14 , 96)
5. legal reasoning around vicarious liability and non-delegable duty. (Para 19 , 41 , 44)
6. vicarious liability test application to private hospitals. (Para 71 , 85 , 100)

[1] The present appeals arose from a claim in medical negligence brought by Soo Cheng Lin against Sunway Medical Centre Berhad, the owner and operator of a private hospital known as Sunway Medical Centre, and Dr Kok Choong Seng, a Consultant Orthopaedic Surgeon. In these appeals, Soo Cheng Lin will be referred to as the plaintiff, Dr Kok Choong Seng, the surgeon as Dr Kok, and Sunway Medical Centre Berhad as the Hospital.

[2] These two appeals were against the decision of the Court of Appeal given on 31 May 2016. The Hospital appealed against the Court of Appeal's decision on liability ("the appeal on liability"), whereas the Hospital and Dr Kok brought a

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2017 MarsdenLR 1804

FEDERAL COURT PUTRAJAYADR KOK CHOONG SENG & ANOR – AppellantVersusSOO CHENG LIN & ANOTHER APPEAL – Respondent

FEDERAL COURT PUTRAJAYA
DR KOK CHOONG SENG & ANOR – Appellant
Versus
SOO CHENG LIN & ANOTHER APPEAL – Respondent