Medical negligence: Former Prolintas CEO receives RM5.1 million in compensation
The plaintiff suffered brain damage after surgery at a private specialist hospital, eight years ago
07/06/2024
Medical negligence: Former Prolintas CEO receives RM5.1 million in compensation
The plaintiff suffered brain damage after surgery at a private specialist hospital, eight years ago. - Decorative pictures
KUALA LUMPUR: The High Court here awarded RM5.1 million in damages to the estate administrator of the former Chief Executive Officer (CEO) of Projek Lintasan Kota Holdings Sdn Bhd (Prolintas) who suffered brain damage after surgery at a private specialist hospital, eight years ago.
Judge Datuk Mohd Arief Emran Arifin made the decision after allowing a suit filed in 2018 by the late Datuk Zainudin A Kadir (plaintiff) against a private hospital, an ear, nose and throat (ENT) surgeon and an anesthesiologist (defendant).
The damages must be paid to Datin Nor Rizam Abdul Wahab (plaintiff), as the wife and administrator of Zainudin's estate who died in 2021 during the spread of COVID-19.
In a 79-page judgment, the judge ruled the plaintiff had successfully proved on the balance of probabilities that all the defendants were liable for medical negligence.
He said the chain of events that caused the injuries to the deceased involved early discharge from the recovery process after surgery and several unfortunate incidents that occurred in the ward.
"The damages awarded by the court will be jointly and severally borne by the defendant," he said in a judgment posted on the judicial body's website earlier this week.
He also ordered the hospital and the two doctors to pay another RM210,000 to the administrator of Zainudin's estate.
"A large part of the damages amounting to RM4 million is due to loss of income as the victim works and earns RM65,000 a month, while another RM500,000 is for pain and suffering, he said.
In his judgement, Mohd Arief Emran also explained that it is not the court's function to punish doctors or hospitals but to compensate the plaintiff.
"The award of damages is an attempt by the legal system to put the plaintiff on an equal footing as far as financial compensation can be awarded," he said.
According to the facts of the case, Zainudin was admitted to the hospital on 22 Feb 2016 and underwent nose surgery four days later.
Surgery starts at 5.45pm and ends at 8.05pm. Records show that the surgery went well and there were no adverse events during the surgery. However, Zainudin collapsed at 9.30pm.
According to hospital protocol, the doctor must observe the patient in the recovery room for at least an hour after 'reversal anesthesia' or the withdrawal of anesthesia before being transferred to the ward.
But in this case, the observation process only lasts for 25 minutes.
As the patient was still drowsy, the ENT surgeon inserted the tube into the esophagus instead of the trachea leading to brain damage.
After the surgery, he was transferred to the VIP ward where the oxygen adapter was also missing.
"I find that the defendants are all jointly and severally responsible for what happened and cannot now place the blame solely on the second defendant (ENT surgeon)," the judge said.
All defendants have filed appeals against liability and quantum.
-- BERNAMA
