IN THE HIGH COURT OF MALAYA AT KUALA TERENGGANU(CIVIL DIVISION)SUIT NO:S4-22-2015

BETWEENLEE KUAN YEW(NRIC NO:060606-11-5243)(An infant suing through his mother)...PLAINTIFFAND

1. DR. DENNIS LEE(NRIC NO: 750823-14-6189)2. AZA MEDICAL GROUP3. ABC HOSPITAL(12345-M) ...DEFENDANT-DEFENDANT

WRIT OF SUMMON

To: Dr. Dennis LeeThe Head of Department of Obstetrics and GynecologyAZA Medical Group134-C (Ground Floor), Jalan Sultan Zainal Abidin,20000, Kuala Terengganu, Terengganu.

AZA Medical Group134-C (Ground Floor), Jalan Sultan Zainal Abidin,20000, Kuala Terengganu, Terengganu.

ABC HospitalJalan 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 PLAINTIFFREGISTRAR,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 claimThe 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 March2015

......................................................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

BETWEENLEE KUAN YEW(NRIC:060606-11-5243)(An infant suing through his mother)...PLAINTIFFAND

4. DR. DENNIS LEE(NRIC NO: 750823-14-6189)5. AZA MEDICAL GROUP6. 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 inthe 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 reportRM29,559.40

h) Rehabilitation equipments:

1) Wheel chair RM205,000.00(RM20,000.00 per unit for 10 units over 49 years)

2) Ankle foot orthosis RM14,700.00(for 49 years and to be changed every two years)

3) Home modificationsRM50,000.00-----------------------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 March2015

.......................................................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]