Crime & Courts

[UPDATED] Family awarded RM5.9mil after doctors left bleeding patient to 'have a drink'

KUALA LUMPUR: Two senior doctors with over 60 years of experience in obstetrics and 8,500 deliveries were found guilty of medical negligence after leaving a critically bleeding patient in the care of unregistered nurses to go for a drink.

For the doctors' medical negligence, the Klang High Court awarded the family of the patient, M. Punita, RM5.9 million in damages.

The family had sued the doctors, Dr M. Shanmugam, Dr A. Ravi, and nurses Izaniey Nataliah Jukimin, Nur Aida Mat Isa, and Nessy Yasah, after Punita died due to excessive bleeding.

Punita, 36, died hours after giving birth at Shan Maternity and Birthing Centre, owned by Dr Shanmugam, due to postpartum haemorrhage (PPH) on Jan 9, 2019.

The court heard that Punita, who was delivering her second child, began bleeding heavily after her placenta was removed. Dr Ravi left the clinic for a drink, leaving the deceased in the care of three nurses who were not registered with the Health Ministry.

The nurses were tasked with monitoring her despite lacking the necessary qualifications. Dr Shanmugam was also seen leaving the delivery room, leaving Punita under the care and supervision of the nurses.

When Punita's mother entered the delivery room, she found her daughter bleeding profusely while nurses attempted to stop the haemorrhage using cotton.

Both doctors were absent at this critical moment. In a frantic effort to save her life, Punita was transferred to Tengku Ampuan Rahimah Hospital in Klang.

Doctors there described her condition as critical upon arrival, with significant blood loss and disseminated intravascular coagulation. However, despite emergency surgery and transfusions, Punita, a mother of two, could not be saved.

Judge Norliza Othman, in her ruling, said Shan Clinic lacked basic medical supplies, including drugs to control uterine bleeding and equipment to manage postpartum complications.

The court also highlighted the doctors' failure to act promptly, including delaying her transfer to a hospital equipped to handle such emergencies.

"Despite their extensive experience in obstetrics, both doctors failed to anticipate complications commonly associated with childbirth, such as eclampsia and retained placenta leading to PPH.

"Both of them left the delivery room without ensuring the deceased was free from complications.

"The nurses, who were not proven to have proper qualifications, were left to manage the patient.

"The collective negligence of the defendants directly contributed to the deceased's severe injuries, leading to her death," she said in her grounds of judgment, which was uploaded on the Judiciary Department's website today.

The judge also condemned the doctors for their "reckless disregard" of the deceased's condition.

"This tragic event could have been prevented had both doctors taken swift action by sending the mother to HTAR and closely monitoring her condition, instead of leaving her in the care of nurses while Dr Ravi went out for a drink.

"This level of neglect is inexcusable and directly contributed to the untimely death of a healthy mother," she added.

The court awarded the family RM5,993,936 in damages, including RM500,000 for the pain and suffering of the deceased; RM1 million each for the deceased's two children; RM300,000 each for her parents; RM1.5 million in aggravated damages against Dr Ravi; RM700,000 in aggravated damages against Dr Shanmugam and his clinic; and RM100,000 in punitive damages.

The family was represented by lawyer K. Renuka while law firm Messrs. R V Lingam & Co represented the defendants.

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