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M’sian Woman Awarded RM1.1mil For Permanent Nerve Damage Caused By Botched Surgery

The court found the surgeon at fault for not warning the patient about the risk of nerve injury.
A 22-year-old woman, Nurul Iman Abu Mansor, was awarded RM1.1 million in damages after suffering permanent nerve damage to her right hand due to medical negligence during surgery.

The High Court ruled against Gleneagles Hospital Kuala Lumpur and its Orthopaedic and Trauma Surgeon, Datuk Seri Dr. Zulkharnain Ismail. Below is the chronology of events leading up to the ruling.

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December 2017: Initial Diagnosis

According to NST, Nurul Iman began experiencing persistent pain and numbness in her right hand. She was diagnosed with right carpal tunnel syndrome and sought treatment from Dr. Zulkharnain, who advised surgery to alleviate the symptoms.

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January 2018: First Surgery at Gleneagles Hospital

Following Dr. Zulkharnain’s advice, Nurul Iman underwent her first surgery in January 2018. However, after the procedure, she experienced more pain than before, raising concerns about the surgery’s outcome.

Early 2018: Ongoing Pain and Follow-up Visits

Despite several follow-up visits after the first surgery, Nurul Iman’s pain persisted. Dr. Zulkharnain advised her to undergo a second surgery to address the issue.

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June 2018: Second Surgery

Nurul Iman agreed to a second surgery in June 2018. Unfortunately, this operation led to more severe complications—she lost feeling in three of her fingers, worsening her condition further.

Late 2018: Seeking Second Opinion

With no improvement in sight, Nurul Iman sought further medical help at Subang Jaya Medical Centre (SJMC). The doctor there diagnosed her with median nerve damage, which affected three of her fingers. Corrective surgery was recommended.

April 2019: Corrective Surgery at UKMSC

On April 8, 2019, Nurul Iman underwent corrective surgery performed by Dr. Jamari Sapuan, a hand and microsurgeon at Universiti Kebangsaan Malaysia Specialist Centre (UKMSC). During the operation, Dr. Jamari discovered that approximately five centimetres of Nurul Iman’s median nerve had been resected during her previous surgery.

Post-Corrective Surgery: Ongoing Challenges

Despite the corrective surgery, Nurul Iman continued to suffer from median nerve palsy, significantly limiting the use of her right hand and affecting her ability to perform daily tasks.

Legal Action: Claiming Negligence

Nurul Iman filed a lawsuit against Gleneagles Hospital and Dr. Zulkharnain, claiming that her median nerve was negligently resected during the first surgery in January 2018. She also accused Dr. Zulkharnain of delaying necessary corrective treatments.

August 2024: High Court Ruling

Judicial Commissioner Suzana Muhamad Said ruled in favour of Nurul Iman, finding that Dr. Zulkharnain had breached his duty of care by failing to inform the patient of the risks involved, particularly the possibility of median nerve injury.

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Suzana concluded that the median nerve had been negligently cut during the January 2018 surgery, and that there was an unacceptable delay in identifying and addressing the injury. The court awarded Nurul Iman RM1.1 million in damages, recognising the physical trauma, ongoing disability, and psychiatric injury she suffered.

Conclusion: Eight Surgeries, Lasting Impact

To date, Nurul Iman has undergone a total of eight surgeries—two at Gleneagles and six more at UKMSC. The prolonged medical ordeal, coupled with her inability to properly use her right hand, has left her with permanent physical and emotional scars.

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