Ex-guard awarded additional RM481K in medical negligence suit

 The Court of Appeal also dismisses the government's appeal to set aside the High Court finding on liability.

A three-member Court of Appeal bench ordered the government to pay RM50,000 in costs to the plaintiff, P Thinnagaran.

PUTRAJAYA:

 The Court of Appeal has awarded an additional RM481,000 in damages to a former security guard over medical negligence by doctors at Taiping Hospital 10 years ago.

The High Court awarded P Thinnagaran RM1.7 million in 2023 as he had proven his case against defendants — the director of Taiping Hospital, three doctors and the government — on a balance of probabilities.

A three-member bench, chaired by Justice Wong Kian Kheong, today said the fat embolism syndrome (FES) suffered by Thinnagaran could not be attributed to the road accident he encountered.

“The lack of monitoring of the plaintiff from 1am to 6am at the hospital has materially contributed to his current condition,” he said, in allowing Thinnagaran’s cross appeal for higher damages for future medical treatment.

The bench also dismissed the government’s appeal to set aside the High Court finding on liability or to reduce the quantum of damages paid to Thinnagaran.

Wong, who sat with Justices Firuz Jaffril and Nadzrin Wok Nordin, also ordered the government to pay RM50,000 in costs to Thinnagaran.

Senior federal counsel Norazlinawati Arshad represented the government, while PA Sharon, S Gowri and V Muniandy appeared for Thinnagaran.

Trial judge Noor Ruwena Nurdin had described the case as tragic, noting that Thinnagaran’s permanent injuries could have been avoided had the doctors properly diagnosed, treated and monitored him after his motor vehicle accident.

She ordered the government to pay damages as she found it vicariously liable for the negligence of the doctors.

She awarded Thinnagaran RM350,000 in general damages for pain, suffering and loss of amenities; RM135,000 in special damages; RM721,500 for future care; RM300,000 in aggravated damages; RM153,600 for loss of income; and RM60,000 for out-of-pocket expenses.

‘Collective breach of duty of care’

Thinnagaran sustained injuries when he was involved in an accident with a car on Jalan Trans-Krian while riding his motorcycle from his home in Taman Mangga, Juru, towards Parit Buntar at about 1pm on Jan 2, 2016.

He was first brought to Parit Buntar Hospital and later referred to Taiping Hospital.

Due to concussions and multiple long fractures suffered, an operation had been suggested to prevent the occurrence of the embolism. However, the FES procedure was postponed as other emergency cases needed attention.

Between 2am and 6.50am on Jan 3, 2016, an FES occurred with no one monitoring Thinnagaran. There was also a delay in intubating Thinnagaran after the syndrome set in.

The operation was finally conducted at 8pm, but he developed acute respiratory distress syndrome due to fluid buildup in the lungs and low oxygen levels.

He was transferred to the normal ward on Jan 23. An MRI scan showed that he suffered hypoxic-ischaemic encephalopathy, a brain injury due to lack of oxygen and blood.

The judge said all the defendants’ experts and treating doctors admitted that there was a high possibility of FES occurring for a patient who had suffered multiple long bone fractures and that Thinnagaran should have been monitored.

She said the collective breach of duty of care by the defendants resulted in Thinnagaran suffering cognitive impairment and having to rely on others for his future personal needs. - FMT