Question
Clara took her baby Mimi, to Sun Medical Centre (SMC) as the baby looked weak and had high temperature of 38 degrees Celsius. She and
Clara took her baby Mimi, to Sun Medical Centre (SMC) as the baby looked weak and had high temperature of 38 degrees Celsius. She and her baby was admitted into the hospital. That night, around 10.45 p.m. she told the nurse on duty that the temperature had increased to 40 degrees Celsius. The nurse replied that all new babies have high temperature. The next morning, Sally was informed by a doctor that the baby had fallen into coma. Subsequently,she discovered that the nurse on duty had not informed the doctor about her baby's condition. Early action could have prevented her baby from falling into coma. A week later, her baby regained consciousness but the high temperature had affected her baby's hearing making the baby suffers permanent deaf.
i. Based on relevant case law, advise Clara on any possible legal action she may have against Sun Medical Centre for negligence.
ii. Would your answer differ if the nurse give medicine to reduce the high temperature but Clara refused to give it to her baby.
*PLEASE ANSWER THE QUESIOTN WITH ILAC FORMAT AND IN MALAYSIA LAW.
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