Justice Choo Kah Sing said the trial judge had failed to properly evaluate the factual events and expert testimony, and ought to have concluded that the surgeon was not negligent in the circumstances of the case.

“Given its findings in respect of the surgeon, we also set aside the judgment entered against Gleneagles Hospital Kuala Lumpur Sdn Bhd,” Choo said when announcing the court’s unanimous decision.

The three-member panel was chaired by Justice Supang Lian, and also comprised Justice Alwi Abdul Wahab.

The court also ordered the plaintiff, Nurul Iman Abu Mansor, to pay RM100,000 in costs to the surgeon and RM50,000 to the hospital.

The hospital’s appeal against the High Court’s dismissal of its indemnity claim against the surgeon was consequently dismissed, with costs of RM30,000 awarded to the surgeon.

In setting aside the High Court’s findings, the Court of Appeal said the trial judge’s treatment of the evidence was inadequate, leading to errors in the judgment.

Lawyers Manmohan Singh Dhillon, Desmond Mun and Lee Xin Yu appeared for Nurul Iman.

Counsel Fazleeza Azli represented Gleneagles Hospital while Raja Eileen Soraya Raja Aman, Sathiesh K Purushothaman, Jeevan Raj and Amanda Sena acted for the surgeon.

Two years ago, the High Court ruled that Nurul Iman, aged 17 at the time of the operation, had proven on a balance of probabilities that the surgeon was negligent in performing the operation.

The High Court found that following the 2018 procedure, Nurul Iman struggled with tasks requiring the use of her right hand and bimanual functions, and required assistance in her daily living activities.

In its judgment, the High Court also held that the hospital owed Nurul Iman a non‑delegable duty of care, since she was admitted as a patient.