A former security guard, P. Thinnagaran, has been awarded RM1.8 million in damages after the Taiping High Court ruled that negligence at a Perak hospital led to permanent brain damage.
The hospital’s failure to provide timely and adequate treatment was deemed the key cause of his condition.
Thinnagaran was involved in a motorcycle accident on 2 January 2016 while returning home to Taman Mangga, Juru.
He collided with a car along Jalan Transkrian and was initially treated at Parit Buntar Hospital.
Later that evening, he was referred to Taiping Hospital and admitted to the Orthopaedic Ward.
The medical team examined him at around 6:46 PM to assess the risk of Fat Embolism Syndrome (FES) due to multiple fractures.
However, critical procedures such as intubation and surgery were delayed. Surgery to stabilise his fractures only began on the night of 3 January 2016.
By the time an MRI was conducted on 22 January, it revealed that Thinnagaran had suffered Hypoxic Ischaemic Encephalopathy (HIE), a permanent brain injury caused by insufficient oxygen and blood flow during his hospitalisation.
The Judgment
Judge Noor Ruwena Md. Nurdin ruled in favour of Thinnagaran, citing the hospital’s failure to diagnose, treat, and monitor him promptly.
The court found that his brain had been deprived of oxygen for over 12 hours while awaiting stabilisation, a situation that could have been avoided with proper medical care.
Expert testimony presented in court highlighted that early intervention, including timely surgery, could have significantly reduced the risk of complications.
Additionally, the defendants’ own witness admitted that Thinnagaran should have been referred to the ICU earlier and intubated to improve oxygen levels.
Defendants’ Appeal
The court ordered the Government of Malaysia, the hospital director, and three doctors to jointly pay RM1.8 million in damages.
However, the defendants have filed an appeal at the Court of Appeal, with the notice of appeal submitted on 2 August.
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