The High Court has mandated Pusat Pakar Tawakal Sdn Bhd and two of its doctors to pay RM5.1 million in damages to the representative of the late Datuk Zainudin A Kadir, former CEO of Projek Lintasan Kota Holdings Sdn Bhd (PROLINTAS).
This ruling follows the conclusion that Zainudin suffered brain damage due to medical negligence during surgery.
The compensation is to be awarded to Datin Nor Rizam Abdul Wahab, the wife and estate administrator of Zainudin.
Details of the incident
It was reported that Zainudin was admitted to the hospital on 22 February 2016, and underwent nasal surgery four days later.
The surgery commenced at 5.45 pm and ended at 8.05 pm, after which Zainudin collapsed at 9.30 pm.
Hospital protocol necessitates that doctors observe patients in the recovery room for at least an hour after the reversal of anesthesia before discharge.
In this case, observation lasted only 25 minutes.
Due to the patient’s continued drowsiness, the surgeon incorrectly inserted a tube into the esophagus instead of the trachea, resulting in brain damage.
The victim has passed away in 2021 during the COVID-19 pandemic.
Medical negligence proven in court
According to Berita Harian, Judge Datuk Mohd Arief Emran Arifin stated that the plaintiff, Nor Rizam, successfully demonstrated on the balance of probabilities that the hospital and its two specialists were responsible for medical negligence.
Additionally, Mohd Arief Emran ordered the three parties to pay RM210,000 in legal costs to Zainudin’s estate administrator.
“A substantial part of the damages is for loss of income, given that the victim earned RM65,000 per month, while RM500,000 is for pain and suffering,” he explained.
“It is not the function of the court to punish the doctors or the hospital but to provide compensation to the plaintiff.”
“The victim’s brain damage was due to being discharged early after surgery, along with several incidents in the ward,” he mentioned in the judgment dated yesterday (June 5) and uploaded through the e-Kehakiman management system.
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