Man with flail right arm awarded RM850,000 for medical negligence

 

The Klang High Court awarded Fahmi Hata, 38, RM330,000 as general and aggravated damages, RM511,066.86 for hospital and medical expenses, and RM10,000 for travel and incidental expenses incurred.

PETALING JAYA: 

The Klang High Court has ordered two specialist doctors to pay a bank messenger left with a flail right arm more than RM850,000 in damages in a medical negligence suit.

Justice Azmi Abdullah ruled in favour of the plaintiff, Fahmi Hata, 38, whom the defendants—an orthopaedic surgeon and a plastic surgeon—had treated following a road accident 10 years ago.

He also ordered that the doctors—who had agreed that liability be apportioned 65:35 between them—to pay the plaintiff RM85,000 in costs.

All parties are appealing against the quantum of damages awarded.

Fahmi had initially also named KPJ Klang Specialist Hospital as a co-defendant but discontinued the action against the hospital after it agreed to pay him an ex-gratia sum of RM20,000 without admission of liability.

Azmi awarded Fahmi RM200,000 as general damages for pain and suffering and loss of amenities of life as the injuries sustained were permanent and serious.

The judge also awarded him RM130,000 in aggravated damages, RM511,066.86 for hospital and medical expenses, and RM10,000 for travel and incidental expenses incurred.

In a written judgment released last week, Azmi said he declined to award a higher sum as aggravated damages as the surgeons had not committed any contumelious or sinister act.

The judge also refused to compensate Fahmi for future care and services as he was found not to be in need of assistance. The judge said Fahmi remained very independent and was still able to ride his motorcycle. He had also resumed his employment as a messenger.

Azmi also refused to award compensation for loss of earning capacity as no evidence was led to show that he faces a real risk of losing his job as a result of his condition.

The facts of the case revealed that Fahmi was returning from work when the motorcycle he was riding skidded, causing his right arm to hit a metal rail along the road before he fell into a drain.

He was taken to the Serdang Hospital, the nearest government hospital, where he was diagnosed to have sustained an open fracture of his right humerus and fractures of two metacarpal bones.

When told that his employer, CIMB Bank Berhad would bear the cost of his treatment at a private hospital, Azmi chose to be transferred to KPJ Klang, which was nearest to his home.

The evidence adduced in court showed that the orthopaedic surgeon there had delayed undertaking the initial surgery and failed to adequately treat the infection. As a result, Fahmi required multiple wound debridements.

The plastic surgeon undertook a flap surgery which failed as the infection was ongoing.

Fahmi had to undergo more than 30 surgical procedures to control the infection.

He ended up with a permanent 13.5cm loss of his mid-humerus bone and radial nerve palsy.

Lawyers Karthi Kanthabalan and Azeem Ambalam represented Fahmi, Anit Kaur Randhawa and Joanna Chiew appeared for the orthopaedic surgeon, while Harikannan Ragavan acted for the plastic surgeon. -FMT