KUALA LUMPUR: A 28-year-old former security guard was awarded RM1.8 million in damages after suffering a brain injury caused by medical negligence during treatment following a motorcycle accident eight years ago.
P. Thinnagaran filed the lawsuit at the Taiping High Court, naming the government, Taiping Hospital director, and three doctors, Dr Mohamad Hazwan Zulkifli, Dr Mohan Raj Sundram, and Dr Norsaliza Ikma Mohd Yusof, as defendants.
Judge Noor Ruwena Md. Nurdin, in her ruling, said Thinnagaran had proved his case on a balance of probabilities and allowed most of his claims against the defendants.
Thinnagaran sustained injuries in a collision with a car while riding his motorcycle along Jalan Transkrian at 1.05pm on Jan 2, 2016.
He was taken to Taiping Hospital, where measures were taken to prevent Fat Embolism Syndrome (FES) caused by multiple long bone fractures sustained in the accident.
FES is a life-threatening condition where tiny fat particles from broken bones or injuries get into the bloodstream, causing breathing problems, confusion, and small red spots on the skin.
It was alleged that the plaintiff's condition was not monitored between 2am and 6.50am (Jan 3), despite the high risk of FES, which he subsequently developed at 7am.
The doctors decided to stabilise Thinnagaran's condition before proceeding with surgery at 8pm on the same day.
However, a magnetic resonance imaging (MRI) scan revealed that Thinnagaran had suffered a brain injury caused by a lack of oxygen and blood flow.
"The plaintiff's brain had been severely deprived of oxygen for more than 12 hours while the defendants waited to stabilise him.
"That decision, unfortunately, had caused permanent injuries to the plaintiff's brain, hence, the plaintiff's current state of semi-paraplegia.
"The inadequate monitoring by the defendants, collectively, and failure to carry out the operation on the plaintiff within 24 hours of the accident had aggravated the FES and left the plaintiff in the current state he was in.
"From the totality of the evidence before me, it was obvious that nurses did not adequately monitor the plaintiff and did not recognise FES even when it was happening right under their very noses," she said in her grounds of judgment uploaded in the Judiciary Department website recently.
Noor Ruwena said Dr Mohan, Dr Mohamad Hazwan, and Dr Norsaliza had failed on their respective part in the treatment and diagnosis of the plaintiff for FES and subsequently in the intubation required to save his life.
She said the plaintiff was able to prove the causative link between the permanent injuries suffered and the acts or omissions of the defendants while he was under their care at Taiping Hospital.
"The injuries suffered by the plaintiff as a result of the defendants' collective breach of duty of care also consisted of mental trauma.
"His mental health suffered in the sense that there was cognitive impairment.
"The plaintiff was stressed and not his usual self anymore after the whole episode, and he had to rely on other people for his personal needs," she added.
Lawyer PA Sharon, R. Krishnaveni, and Gowri Subbaiyah represented the plaintiff, while Senior Federal Counsel Norazlinawati Mohd Arshad appeared for the defendants.
The defendants have appealed against the whole decision wherein the notice of appeal was filed on Aug 2.