KUALA LUMPUR, Nov 3 (Bernama) — The High Court here today awarded a total of RM7.4 million in damages to a youth who sued a government hospital and its doctors for medical negligence in the treatment, care and management, which led his left hand and right leg to be amputated, five years ago.
Judge Datuk Su Tiang Joo awarded K. Vimal Raj, 22, RM6.4 million, with the bulk of the sum for the purchase of robotic arms and a leg.
The court also granted, among others, RM213,000 for pain and suffering resulting from the amputations that Vimal had undergone, RM180,000 for home care and RM20,000 in aggravated damages.
Vimal and his father, J. Krishnasamy, 51, who were the plaintiffs in the suit, were also awarded RM200,000 in costs.
However, Justice Su disallowed a claim for loss of earnings by Krishnasamy after ruling that there was no documentary evidence submitted to prove his case.
In 2020, the plaintiffs filed the suit through Messrs AJ Ariffin Yeo & Harpal and named the Health Ministry, a government hospital, 12 doctors and the Government of Malaysia as defendants.
On July 22, 2024, both parties entered into a consent judgment on liability, which was admitted by the government as the sixth defendant, while the claim against all the other defendants was discontinued.
According to the statement of claim, the second plaintiff, a minor aged 15 at the time of the incident, was previously healthy, active and had no chronic illnesses. However, on Jan 14, 2019, his father sent him to the Emergency Department of a government hospital due to a severe infection of the scrotal skin.
He was later diagnosed with chronic balanitis, a treatable condition that commonly occurs among uncircumcised males.
On Jan 23, 2019, the second plaintiff, who was still unconscious, was transferred to the intensive care unit (ICU) after his condition deteriorated and he fell into a coma.
While his son was in the ICU, the father noticed that his son’s toes and fingers had turned blue black and immediately informed the medical officers attending to his son and sought an explanation about the condition, but none was given.
Due to the severe black discolouration on the left hand and right leg, which rendered both limbs non-functional due to cell death, a medical officer informed the first plaintiff that, to save the boy’s life, his left hand and right leg above the knee had to be amputated.
According to the plaintiffs, the hospital failed to make a proper diagnosis of the second plaintiff’s condition, which led to the amputation of his limbs.
The family was represented by lawyers Brijnandan Singh Bhar, Datin Harwinder Kaur, Dhanesh Subramaniam Nair, Nathasha Bhar, Jasween Kaur, Keshvinder Kaur and R. Vinushini, while Federal Counsel Siti Asmath Che Man appeared for the government.
— BERNAMA