Dr Noor Fidak Samsudin wants the apex court to determine whether the Private Healthcare Facilities and Services Act 1998 and its regulations permit a brain-damaged infant, acting through her father, to sue her in her role as the person-in-charge of the Gombak Medical Centre, which shut down in 2018.

A three-member bench chaired by Justice Ahmad Terrirudin Salleh said both Fadzli Jamil, the infant’s father, and Noor Fidak had crossed the threshold set under Section 96 of the Courts of Judicature Act 1964 to have the merits of their respective appeals heard.

Leave was granted after the court ruled that the seven legal questions put forward raised novel issues of public importance that had not been previously determined.

Also on the bench hearing the applications were Justices Collin Lawrence Sequerah and Azimah Omar.

In 2020, Fadzli sued Gombak Medical Centre Sdn Bhd, Noor Fidak and the medical officer on duty, Dr Zana Zalinda S Ghazali.

Fadzli claimed that his wife had given birth to a baby girl, with the help of a medical officer, at about midnight on June 18, 2014.

He said his daughter was born ill, but received no paediatric attention.

The infant was transferred to another private hospital around 6am, by which time she had suffered brain damage.

In 2024, the High Court dismissed the suit and exonerated the three defendants of negligence.

Last year, the Court of Appeal overturned the High Court’s ruling, holding both the hospital and Noor Fidak liable on the grounds that she was the person-in-charge as well as the head of the hospital’s obstetrics and gynaecology department.

The medical officer was absolved of negligence.

In the Federal Court today, lawyer Raja Eileen Soraya Raja Aman, representing Noor Fidak, argued that leave should be granted as the case could have significant consequences for about 16,000 persons-in-charge of private healthcare facilities nationwide.

“In our case, Noor Fidak never treated or saw the patient,” she said.

Lawyers Manmohan Singh Dhillon and Karthi Kanthabalan appeared for Fadzli, while Riza Makhzan Arifin appeared for the medical officer.

Manmohan submitted that the medical officer should also be held liable as she owed duties to the infant both at common law and under the Private Healthcare Facilities and Services (Private Hospitals and Other Private Healthcare Facilities) Regulations 2006.

Lawyers for the Malaysian Medical Association and the Association of Private Hospitals in Malaysia were allowed to hold a watching brief.