Tan Sri Datuk Seri Mohd Hussin Bin Abd Hamid v XXXX

w-02ncvcw-1000-06-2022 Court of Appeal (Mahkamah Rayuan) 18 June 2024 • W-02(NCvC)(W)-1000-06/2022

Catchwords

Tort — Negligence — Medical negligence — Claim for damages — Complications after underwent arthroscopy— Patient suffered popliteal artery injury and suffers residual disabilities in his right leg — Whether the popliteal artery injury caused by negligence of doctor and hospital — Standard of care in medical negligence — Applicable tests — Whether breach of duty by doctors to explain risks specifically — extremely rare complication — Whether patient deprived of chance to make informed decision — Liability of doctors — Claim against hospital — Whether hospital owed non-delegable duty of care — Whether features of non-delegable duties as described in Woodland case applied to present case — Whether hospital vicariously liable for action of doctor — Whether doctor independent contractor of hospital in conducting operation

Practice Areas

Judges (3)

Azimah binti Omar Delivered Kamaludin bin Md. Said Coram Supang Lian Delivered

Parties (1)

Tan Sri Datuk Seri Mohd Hussin bin Abd Hamid Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-02ncvcw-1000-06-2022)