Daniel Lee Eng Wern v Dr. Aaron Lim Boon Keng
Catchwords
Full trial – medical negligence - the Plaintiff seeking damages premised on negligence/omission by the Defendant, a specialist for his alleged failure to correctly diagnose his ailment. Issues: a. Whether there was negligence on the part of the Defendant when he examined and managed the Plaintiff during the Plaintiff’s visit to the Defendant’s clinic b. Whether the Defendant had caused and/or materially contributed to the Plaintiff’s alleged injuries, losses and/or damages (if any)? c. Whether the Plaintiff has caused and/or materially contributed to his pain and suffering as well as loss and damages? d. Whether the loss and damage suffered by the Plaintiff were too remote in fact and/or in law? e. Whether the Plaintiff’s right of action for the full amount is diminished when indemnified by the insurers – Section 28A of the Civil Law Act 1956? • The Court finds that the Defendant was negligent in examining and managing the Plaintiff during his visits at the Defendant’s clinic. • The Court also finds that the Defendant had materially contributed to the Plaintiff’s injuries suffered. • The Court also finds that the Plaintiff had also contributed 25% to the said injuries sustained by failing to consider or agree to the Defendant’s advice to undergo an MRI examination as well as the Plaintiff’s failure to return for consultation if the pain persisted or to inform if the alleged pain persisted – reduction of damages on account of contributory negligence. • The Court finds that the Plaintiff’s right of action for the full amount is not diminished even when indemnified by the insurers where premium payment made. • The Plaintiff’s claim is allowed with costs. Damages awarded.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-23ncvc-8-03-2023)