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Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors

Zulhasnimar has been described as a landmark case in regard to the discussion in it of the application of the Bolam test in medical negligence.

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MULTIPLIER: Assessment of Damages

In all catastrophic personal injury cases the court and the parties will have to consider the claimant’s life expectancy and multiplier when assessing general damages for the future. The life expectancy would be reduced by a certain number of years so as to arrive at the multiplier. The multiplier would be applied to the annual sum for each item of future loss and damage (e.g. an annual sum for nursing care). The annual sum would be the multiplicand. The equation the multiplier x the multiplicand would yield the total sum of damages for the item of loss and damage concerned.

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Medical records may need to be preserved for a variety of reasons, medical, legal or administrative. There may be a medical reason for continuing to keep the records but no legal reason for doing so. Conversely, there may be a legal reason for continuing to keep the records but no medical reason for doing so. It may not be enough to preserve medical records. The process of the law may require that further the makers of the documents, if available, be called to give evidence in court so as to assist in the administration of justice.

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