A 22-year-old man scored a legal victory against a government hospital and was awarded millions of Ringgit by the court in a medical negligence lawsuit.
This comes after the court assessed the damages following the government’s concession of liability. A total of 11 expert witnesses were called by the plaintiffs, while the government called four during the hearings.
Details of lawsuit
Back in 2020, an ex-lorry driver named Krishnasamy filed the lawsuit when his son Vimal was still a minor and named the health ministry, Ampang Hospital, three doctors and the government as defendants.
In 2024, Vimal was added as a co-plaintiff when he turned 18, reported FMT.
The claim against the hospital and the doctors was withdrawn after the government accepted it was vicariously liable.
Based on court documents, Vimal was a relatively healthy person who suffered no critical illnesses or genetic issues, except for an allergic reaction in his genital area.
On Jan 15, 2019, Vimal was sent to the Ampang Hospital and diagnosed with “balanitis”, which was said to be a treatable condition. Two days later, he was discharged despite not making a full recovery.
He later collapsed at his home and was rushed to the emergency department and subsequently slipped into a coma on Jan 23.
According to Krishnasamy, one of the hospital staff allegedly told him to sign a blank consent form without clearly explaining the risks and type of treatment or medication that would be used on Vimal.
The next day, he saw that Vimal’s toes and hands had turned black and got swollen. He also claimed hospital staff gave no explanation for his son’s worsening condition.
Between March and November 2019, Vimal had his left hand below the elbow, right leg below the knee, and left heel and toes cut off, causing him to be disabled for life.
22yo M’sian man awarded RM7.4mil by court
Following that, Krishnasamy filed the lawsuit and sought RM18.3 million in damages.
In the lawsuit, he stated that he was forced to give up his job to care for Vimal, while his wife turned into the family’s sole breadwinner.
Kuala Lumpur High Court judge Justice Su Tiang Joo awarded Vimal RM6.4 million for the purchase of one robotic arm and two prosthetic legs, along with RM213,000 for pain and suffering caused by the amputations.
Vimal was also awarded RM180,000 for home care and another RM20,000 in aggravated damages.
However, Krishnasamy failed in his bid to secure compensation for the loss of income as the judge ruled there was “no documentary evidence submitted to prove his case”.
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