TORT CASE:

Nur Syarafina binti Sa’ari v Kerajaan Malaysia & Ors [2018] MLJU 1158
High Court (Kuala Lumpur)
Civil Suit No. WA-21 NCVC-23-03 OF 2017

BRIEF SUMMARY
Nur Syarafina binti Sa’ari (Plaintiff) had brought charges against Government of
Malaysia (Defendant) which was in Hospital Bentong and Hospital Temerloh due to medical
negligence she suffered during the birth of her first child. The plaintiff had to endure the agony
of a 3rd to 4th degree of perineal tear during the delivery of her baby. Moreover, the baby too
had to be subjected to asphyxia. The baby then underwent resuscitation and recovery.
The plaintiff had not been given to any further examination or treatment or follow up
after she was sent home by the defendants. An infection occurred on to the plaintiff due to the
perineal tear.The infection after the delivery was forseen as she suffered 3rd to 4th degree of
perineal tear.
In Hospital Temerloh, she expressed her dissatisfactions and discovered her wounds were
broken heart and she felt pain of defecation. The hospital’s consultant identified that the plaintiff
was suffering from anovaginal fistula, which was a 3rd degree tear. The plaintiff claimed that
treatment in government hospital was inadequate thus she had to refer to private hospital.

Due to the the negligence by the defendant (doctors) , the plaintiff claim for special
damages, general damages and aggravated damages.

CAUSE OF ACTIONS
The defendants failed to diagnose whether it was 3rd or 4th degree of perineal tear at the
delivery. The doctor is a professional and expert in medical field. Compared to a layman thus he
should have foreseen the complications that might happen to his patient especially in this case in
which the delivery did not went well.
There is a lacking of communication between doctors and doctor-patient which had
caused negligence made by the defendant due to no further follow-up made by the doctors after
the delivery and even before the plaintiff was discharged.