DATO' SRI MAHMUD ABU BEKIR TAIB 6 CLJ 663 TORT: Negligence – Medical negligence – Liability – Pathologist wrongly diagnosed patient’s cancer to be benign – Whether led malignant cancer to spread causing patient immeasurable physical and mental pain – Whether hospital vicariously liable for losses suffered by patient as result of pathologist’s negligence – Whether hospital had role to play in patient’s gynaecologist decision to send samples for analysis to pathology department – Breach of pathologist’s duty due to personal failings – Whether pathologist an employee or had any contract of service with hospital – Whether there was antecedent relationship between patient and hospitalĭAMAGES: Medical negligence – Claim for – Pathologist wrongly diagnosed patient’s cancer to be benign – Whether led malignant cancer to spread, causing patient immeasurable physical and mental pain – Whether depression and mental agony suffered by patient foreseeable – Special damages – Whether financial consequence of divorce between patient and husband too remote to be recoverable – Claim for loss of income – Whether patient would have to undergo future medical and surgical treatment – Claim for future loss of earning or loss of earning capacity – Whether surgery affected patient’s capability – Claim for pain, suffering and loss of amenities – Whether ought to be allowed TORT: Negligence – Medical negligence – Breach of duty – Pathologist wrongly diagnosed patient’s cancer to be benign – Whether led malignant cancer to spread, causing patient immeasurable physical and mental pain – Whether pathologist negligent in coming to wrong diagnosis – Whether obvious mistakes made by pathologist in diagnosing samples – Failure to ascertain history of patient – Samples sent in small pieces leading to possible inaccurate results – Whether pathologist should have asked for further clarification before carrying out diagnosis – Failure in determining shape of cells correctly – Whether had profound effect on final results – Failure to carry out additional immunostains – Whether breach of pathologist’s duty
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