Dr Jerilee Mariam Khong & Ors v Yusnita binti Johari

Appellant(s):

• Dr Jerilee Mariam Khong
• Dr Senthi A/L N. Muthuraman

Respondent(s): Yusnita Binti Johari (Menyaman Melalui Suami Dan Wakil Litigasinya Khairil Faiz Bin Rahamat)

• YA Datuk Seri Kamaludin Bin Md. Said
• YA Dato' Hashim Bin Hamzah
• YA Datuk Wong Kian Kheong

• The plaintiff, pregnant and diagnosed with Placenta Praevia Type III Posterior, underwent an emergency Caesarean section and subsequently suffered a collapse, leading to severe and irreversible brain damage.
• She initiated a suit against 16 medical practitioners and the Government (the 17th defendant) for medical negligence and breach of contract.
• The High Court found all defendants liable for the plaintiff's brain damage and awarded substantial damages.

• Whether the "Egg-Shell Skull" rule applies in medical negligence cases to reduce liability based on a patient's pre-existing health condition.
• Whether the High Court erred in its findings of medical negligence against specific medical practitioners and the Government, and in the scope of liability for the non-joined party.
• Whether the quantum of damages awarded was excessive or based on incorrect principles, particularly regarding future medical treatment available for free in Government hospitals.

• The Court affirmed the liability of the 2nd, 3rd, and 7th to 12th individual defendants and the 17th defendant (Government), holding that the "Egg-Shell Skull" rule does not reduce liability if the negligence materially contributed to the injury, and the plaintiff's pre-existing condition was not "fault" under the Civil Law Act 1956.
• The suit was dismissed against the 1st, 4th to 6th, and 13th to 16th individual defendants due to a lack of evidence of negligence against them.
• The Court substantially reduced the quantum of damages, finding several awards "so extremely high" or too remote, and adjusted the pre-judgment interest rate from 8% to 5% per annum.