Examples Of Negligence

Topics: Tort, Caesarean section, Childbirth Pages: 6 (1778 words) Published: November 8, 2014

Published: Saturday July 5, 2014 MYT 12:00:00 AM
Updated: Saturday July 5, 2014 MYT 8:48:31 AM
Lawyer to pay RM2.1mil to 18 relatives of late businessman

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A LAWYER who failed to ensure a will was signed in the presence of two witnesses was ordered, together with his firm, to pay more than A$719,000 (RM2.1mil) to 18 children and grandchildren of an Indonesian businessman. Johnny Cheo Chai Beng of Cheo Yeoh & Associates – both sued for negligence by the relatives – had claimed that the mistake was an oversight on his part. But Justice Chan Seng Onn, in his written judgment on Wednesday, was not convinced. The High Court judge found Cheo was unaware that at least two witnesses are required by law, which showed a lack of competence. Justice Chan said it was most telling that there was only one signature block at the bottom of the will, meaning that space was made in the will for only one person to sign as a witness. He said: “Cheo’s negligence here is not an instance of mere inadvertence or lapse of concentration but, more troublingly, stemmed from his ignorance of the statutory requirement that a will must be executed before at least two witnesses.” The will was made by Indonesia-based businessman Kusno Ali in 2006 to provide for the distribution of his assets in Singapore - A$1.8mil (RM5.3mil) in various Citibank accounts. It was signed in the presence of one witness – Cheo – and was found to be invalid after the patriarch died in 2010, aged 87. As a result, the 18 plaintiffs lost their inheritance or had their share reduced. Represented by Andrew Ho, they sued Cheo and his firm for A$719,375.36 (RM2.14mil) – the difference between what they would have received under the will and what they received eventually. — The Straits Times / Asia News Network

Published: Tuesday July 8, 2014 MYT 1:24:00 PM
Updated: Tuesday July 8, 2014 MYT 3:51:49 PM
Arab student awarded RM280,000 in negligence suit over death of baby by m.mageswari

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KUALA LUMPUR: A Saudi Arabian university student was awarded RM280,000 in damages in a medical negligence suit for the death of her baby over alleged use of a drug not encouraged to be used to induce labour. Turkyah Abdul Rahman Assiri, 31, was awarded RM200,000 in general damages and RM80,000 for her pain and suffering. High Court Judicial Commissioner Rosilah Yop on Tuesday also ordered gynaecologist Dr Seri Suniza Sufian to pay her RM25,000 in costs. However, Prince Court Medical Centre Sdn Bhd, named as co-defendant in the suit, denied negligence and had the claim against them withdrawn. Speaking to reporters here, her lawyer Abdul Razak Hashim said the court made the order over the damages as the defendant had admitted liability over the medical negligence on May 28. "The doctor had admitted to liability causing the judicial commissioner held that she was fully responsible over her actions," he said. He said such a conduct had led to the removal of Turkyah's uterus, which left her unable to conceive in the future. Abdul Razak said he had called a specialist, Dr Ravindran Jegasothy to testify in court over the drugs, who also stated in his expert report over the dangers of using Cytotec to induce labour. According to court papers, the drug, registered with the Drug Control Authority of Malaysia, was for the healing of duodenal and gastric ulcers. Besides that, the Health Ministry in 2003, had also warned in a letter to the Malaysian Medical Association as well as the Association of Private Hospitals that the drug should not be used for induction of labour. In 2012, the Pharmaceutical Services Divisions had said that usage of the drug could lead to uterine rupture to patients with previous caesarean section scar. Abdul Razak said his client's baby was still born due to the use of the drug. "It was to be her fourth child, " he said, adding that his client followed her husband, who is a PhD student, to...
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