Zul : Hello, welcome to Zuls.co Law Firm. I am the first consultant in Zuls.

Co,

……..nama……. and you can call me ………………..

Aini : my name is ……………….. and I am the second consultant

Mawad:

Haafizah: introduce diri. Thank you for coming here today. We know you here to discuss

smtg important today, but bfr we get to that, we would like to know abt you.

Kakak Janet : Hello my name is ………., I came here to seek for some advice for my sister’s

who was suffer brain damage due to caused by her doctor’s negligence.

Mawad : I see, Can you please tell us more in regard to the situation that happen to your

sister? And do not feel worry because your confidentiality will be safe with us thru out this

session.

Iffah pun masuk dan cerita pasal facts of the case.

Iffah: Last December, my sister Janet was advised by her doctor, Dr Balwan that she was

pregnant. But she wasnt ready for a child at that time. So she wanted an abortion. Dr Balwan

then explained that abortion was not for her wellbeing and it was illegal to do so under Penal

Code. Dr Balwan said that he had no personal obejction to do the abortion but his clinic was

lack of medical equitment and she had to be transported to a hospital in case of emergency.

But Janet insisted to do the abortion. During the operation, Dr Balwan negligently severed an

artery and Janet urgently requiring a blood transfusion. Due to the delay caused by the

ambulance trip, the transfusion could be given only three hours later at the hospital.

Consequently, Janet suffered serious brain damage.

Aini : Thank you we will come back to u later so we can discussed about this beforehand we

will meet you asap

Iffah : Alright. I hope to hear a good news when we meet again.

Iffah keluar, Balwan masuk

Start balik laa hello tu

Zul : I am ………………………. As the first consultant. Here, there will be another 3

consultant that will assist you today. Perkenalkan tiga2. So, can you please introduce ureslf

and what can we help u today?

Dr Balwan : I came here today to clarify the facts.

Haafizah : Can u plis share to us what happen on last December when Janet came to meet you

at ur clinic.

Dr Balwan : Last December, Janet came to my clinic, and I informed her that she was

pregnant. Then she told me that she wanted an abortion. I personally had no objection on her

decision, but I have explained to her that abortion is not good for her wellbeing and illegal

under the Penal Code. Moreover, I also acknowledged her that my clinic not adequately

equipped to deal with all possible complications from the abortion procedure. I told her that

she would have to be transported to a hospital in case of emergency. However, she insisted

me to proceed with the operation. During the operation, I severed an artery which resulted in

Janet urgently requiring a blood transfusion. The transfusion could be given only three hours

later at the hospital due to the delay caused by the ambulance trip. Consequently, Janet

suffered serious brain damage.

Mawad : Did you admit that you has negligent in carrying out the operation?

Dr Balwan: Yes, I admit. But I has followed the established medical procedure.
Aini : Thank you Dr Balwan for your cooperation. It definitely help us with understanding

the facts in this case better and it can also help us establish a just conclusion. So is there

anything more you would like to add?

DR: I think there’s no more to add from me

Mawad : Alright then. We will be discussed first and come back to you later

After habis present point semua, panggil iffah balik.

Manusia: Hi iffah welcome back, so we have come to an agreement/ conclusion that Dr

Balwan has breached his duty to treat as he acting negligently by severing Janet's artery

during the surgery and cause her to suffer with brain damage. So you and Janet can bring a

claim against Dr Balwan that Dr Balwan owes duty to treat to Janet.

Manusia: Besides, you can also bring a claim against Dr Balwan under causation in law and

reasonable foresight test as Dr Balwan was liable for the overall Janet's brain damage

eventhough there are multiple factors that lead to the brain damage. Becase had he not

severed Janet's artery during the operation, Janet will not suffered serious brain damage.
Pastu panggil dr Balwan balik.

Manusia : Hi dr Balwan, nice to meet you again, so we have came to a conclusion about how

you can reduce your liability to Janet. Since you have admitted to being negligent in carrying

the operation, it is our duty to advise you on defence that you can use to reduce your liability.

Firstly, you can use Volenti non-fit injuria or in other word voluntary act by the plaintiff. This

is because the injury occurred was due to the voluntary act by Janet that really want to

perform the operation to be done on her even though you have told her before the operation

on the risk to perform the operation at your clinic because of lack of medical equipment.

Janet voluntarily gave consent to proceed with the operation even she had clearly

acknowledged the risk or injury that probably can be occurred while performing the

procedure.

Manusia : Other than that, you can also defence yourself under contributory negligence

against janet because she was failed to act reasonably to avoid damage in the first place since

she insisted to proceed with the operation even though she can reasonably foresee the risk or

injury.