Juwariyah binti Sal Hamid @ Ahmad v Dato' Dr Shahrudin bin Mohd Dun
ba-23ncvc-10-03-2022 High Court (Mahkamah Tinggi) 5 February 2025 • BA-23NCvC-10-03/2022 • 29 min read
5 cases cited
(0 SG, 5 foreign)
Catchwords
Medical Negligence: Full trial - The plaintiff is the Finance Manager of TNB Repair & Maintenance Sdn Bhd - The defendant is a Consultant General Surgeon practising at KPJ Selangor Specialist Centre (KPJ Selangor) - The defendant failed to conduct a cholangiogram after removing the biliary stent during the procedure - After biliary stent removal on 23 August 2017, the defendant did not perform regular follow-ups for the plaintiff, including liver function tests and abdominal ultrasounds - If a cholangiogram or follow-up had been done, the plaintiff’s stricture would have been diagnosed sooner and treated with endoscopic procedures instead of riskier open surgery. Whether the defendant’s decision to perform laparoscopic cholecystectomy on 25 May 2017 was clinically justified - Whether the sequence of postoperative investigations (ERCP prior to MRCP) constituted a breach of the standard of care - Whether a cholangiogram was necessary following the second operation done by the defendant following the removal of the stent - Whether the discharge of the plaintiff on 8.9.2017 with not to return (PRN) when necessary was an appropriate standard of care - Whether the standard of care provided by the defendant fell below what is expected of a reasonably competent general surgeon.
Judges (1)
Counsel (4)
Case Significance
Juwariyah binti Sal Hamid @ Ahmad v Dato' Dr Shahrudin bin Mohd Dun is a High Court (Mahkamah Tinggi) decision dated February 5, 2025 (citation: ba-23ncvc-10-03-2022). The case was decided by Hazizah binti Kassim.
What was the outcome of Juwariyah binti Sal Hamid @ Ahmad v Dato' Dr Shahrudin bin Mohd Dun?
Juwariyah binti Sal Hamid @ Ahmad v Dato' Dr Shahrudin bin Mohd Dun is a High Court decision dated February 5, 2025. The case was heard by Hazizah binti Kassim. See the full judgment for details.
Cases Cited (5)
UK (3)
[1957] 1 WLR 582 [1957] All ER 118 [1977] 4 All ER 771
MY (2)
[2007] 1 CLJ 229 [2017] 8 CLJ 605
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-23ncvc-10-03-2022)