IN THE HIGH COURT OF MALAYA AT KUALA TERENGGANU

(CIVIL DIVISION)
SUIT NO:S4-22-2015

BETWEEN
LEE KUAN YEW
(NRIC NO:060606-11-5243)
(An infant suing through his mother)

...PLAINTIFF
AND

1. DR. DENNIS LEE

(NRIC NO: 750823-14-6189)
2. AZA MEDICAL GROUP
3. ABC HOSPITAL
(12345-M)

...DEFENDANT-DEFENDANT

WRIT OF SUMMON
To:
Dr. Dennis Lee
The Head of Department of Obstetrics and Gynecology
AZA Medical Group
134-C (Ground Floor),
Jalan Sultan Zainal Abidin,
20000, Kuala Terengganu, Terengganu.

AZA Medical Group

134-C (Ground Floor),
Jalan Sultan Zainal Abidin,

20000, Kuala Terengganu,

Terengganu.
ABC Hospital
Jalan Sultan Mahmud,
20400 Kuala Terengganu,
Terengganu.

You are hereby summoned to appear, either in person or through asolicitor before the
High

Court

of

Malaya

in

Kuala

Terengganu,

Terengganu

Darul

Iman

on ............................ 2015 at 9.00a.m. to answer a claim against you by the Plaintiff

named above.
WE COMMAND YOUthat within fourteen days after the service of this writ on you,
inclusive of the day of such service, you can cause an appearance to be entered for you
in a cause at the suit of medical negligence.
TAKE NOTICE, that in default of your so doing that the plaintiff may proceed therein
and to judgement may be given in your absence.
WITNESS...........................................Registrar of the High Court of Malaya in Kuala
Terengganu in the.........................day of.......................,2015.

...............................................
SOLICITORS FOR THE PLAINTIFF

.......................................................
REGISTRAR,
HIGH COURT OF MALAYA IN
KUALA TERENGGANU

NOTE: This writ may not be served more that six calendar months after the above date
unless renewed by order of court.

Endorsement of claim
The Plaintiffs claim is forthe personal injuries suffered due to the professional medical
negligencecaused by the defendants.
Further, RM..................is claimed for the cost and damagesrequired to support the
plaintiffs treatment caused by the defendants at ABC Hospital addressed at Jalan
Sultan Mahmud, Kuala Terengganu, 20400 Kuala Terengganu, Terengganu on
6.6.2006.

Dated this

6th

day of

March 2015

......................................................
REGISTRAR,
HIGH COURT OF MALAYA IN
KUALA TERENGGANU

THIS SUMMON is filed by Messr. S.Y. Fahima & Associates on behalf of plaintiff
addressed at Lot 5 & 15, Legal Clinic, Faculty of Law & International Relations,
University Sultan Zainal Abidin, Gong Badak, 21300 Kuala Terengganu, Terengganu
Darul Iman. (Tel.: 09-6360977) (Fax: 09-6236067)
[SYF/MN/03/03/2015]

IN THE HIGH COURT OF MALAYA AT KUALA TERENGGANU

(CIVIL DIVISION)

SUIT NO:S4-22-2015

BETWEEN
LEE KUAN YEW
(NRIC:060606-11-5243)
(An infant suing through his mother)

...PLAINTIFF
AND

4. DR. DENNIS LEE

(NRIC NO: 750823-14-6189)
5. AZA MEDICAL GROUP
6. ABC HOSPITAL
(12345-M)

...DEFENDANT-DEFENDANT

STATEMENT OF CLAIM
1. The plaintiff is an infant, born on 6.6.2006 and having its registered address at
No. 24, Jalan Raja Muda, Lorong Berangan, 20600 Kuala Terengganu. At the
material time, the plaintiff is at the age of 9 years old and the claim is made
through his mother as his representative.
2. The first defendant is theHead of Department of Obstetrics and Gynecology in
the second defendants management who attended and performed the plaintiffs
operation.
3. The second defendant is the agent of the third defendant, which is an
independent medical group providing free medical treatment to patients who
signed up for their free service.
4. The third defendant is a hospital, having its registered office at Jalan Sultan
Mahmud,20400 Kuala Terengganu, Terengganu in which the first and second
defendants both have their practices at.

5. On 6.6.2006, plaintiffs mother went to ABC Hospital (third Defendant) due to

irregular contraction. She had been told that she was in a cephalic presentation
and the cervical os was open at about 3 to 4 cm.The first and second
defendants had diagnosed her condition as fetal distress and they decided to
perform an emergency ceasarian surgery.
6. The defendants were having diffulties in delivering the plaintiffs head during the
surgery since the plaintiffs head was found deeply engaged.
7. A Pediatric Medical Officer was present when the plaintiff was born. Although the
ceasarian procedure was done in the third defendants residence, but the doctors
and nurses involving the procedure were all from

the second defendants

management.
8. Due to the negligence of defendants, the plaintiff was born in the state of
asphyxia which later caused cerebral palsy.

PARTICULARS OF DEFENDANTS NEGLIGENCE

1. First and second defendants failed to advice the mother for an elective
ceasarian section.
2. Third defendant had failed to have a safe obstetric system before they decide
to carry out the emergency lower segment caesarian.
3. Due to the the poor system, defendants had delay in delivering the plaintiff.
4. Defendants breach the requisite standard of care of a doctor that they owed
to the plaintiff.
5. As a result of the defendant breach of duty, the plaintiff had suffered cerebral
palsy.
6. The third defendant had failed to supervise the second defendants treatment
towards the plaintiff which makes the third defendant liable for the injuries
caused.

PARTICULARS OFINJURY TOTHEPLAINTIFF

1) Plaintiff was born in a state of asphyxia due to medical negligence on the part of
defendants.
2) Asphyxia had caused brain damage to the Plaintiff.
3) Consequently, it caused the Plaintiff to suffer cerebral palsy.
4) Cerebral palsy affects muscle tone, movement, and motor skillsrequires a lifetime
of expert medical care.
[Medical Report and Specialist Report will be attached]

SPECIAL DAMAGES FOR PLAINTIFF

a) Cost of medication for cerebral palsy (for 49 years)

RM2,940,000.00

b) Costs of hygiene pads (for 49 years)

RM88,200.00

c) Schooling for remedial teaching (for 18 years)

RM78,000.00

d) Nursing care (for 49 years)

RM108,000.00

e) Physiotherapy (for 49 years)

RM1,587,600.00

f) Costs of extra food and nourishment (for 49 years)

RM58,800.00

g) Costs of medical and specialist report

RM29,559.40

h) Rehabilitation equipments:
1) Wheel chair
(RM20,000.00 per unit for 10 units over 49 years)

RM205,000.00

2) Ankle foot orthosis

(for 49 years and to be changed every two years)

RM14,700.00

3) Home modifications

RM50,000.00
------------------

----RM5,159,859.40
=============
7. Plaintiffalsoclaimsinterestonspecial damagesof 4%per annumfrom the date
ofhim being bornto the date ofjudgment and theinterest of 8% per annum
forgeneral damagesfrom thedate the suit wassubmitted to the date of
judgmentin accordance withSection11 of Civil Law Act, 1956 and 8% fromthe
date of judgmentuntil payment iscleared.
8. Plaintiffsalso seek ajudgmentfor: (a) General Damages and Special Damages
(b) Interest
(c) Cost
(d) Such further or other relief as this honourable court may deem fit

Dated this

6th

day of

March 2015

.......................................................
SOLICITORS FOR THE PLAINTIFF

THIS STATEMENT OF CLAIM is filed by Messr. S.Y. Fahima & Associates on behalf of
plaintiff addressed at Lot 5 & 15, Legal Clinic, Faculty of Law & International Relations,

University Sultan Zainal Abidin, Gong Badak, 21300 Kuala Terengganu, Terengganu
Darul Iman. (Tel.: 09-6360977) (Fax: 09-6236067)
[SYF/MN/03/03/2015]