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CASE(S) OF THE WEEK

NORAZLEEN MOHAMMED MUSTAFFA v. DR OMAR MD ISA & ANOR
COURT OF APPEAL, PUTRAJAYA
MOHD HISHAMUDIN YUNUS JCA, BALIA YUSOF WAHI JCA, MOHD ZAWAWI SALLEH JCA
[CIVIL APPEAL NO: P-02-2969-12-2012]
17 MARCH 2015

TORT: Medical negligence - Duty of Care - Breach of - Standard of care expected of surgeon - Whether surgeon negligent in carrying out surgery - Whether surgeon caused pedicle screws to impinge on to appellant's spinal cord - Whether appellant's paralysis was caused by pedicle screws impinged into spinal cord - Whether non-usage of `Somatosensory Evoked Potential' monitoring machine amounted to negligence - Whether surgeon took all necessary precaution to avoid injuring appellant during surgery

TORT: Medical negligence - Consent - Surgery on spinal cord - Risk of paralysis - Whether surgeon informed patient and/or parents on risk of paralysis prior to surgery - Whether risk of paralysis should have been specifically mentioned prior to surgery



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