KUALA LUMPUR: The High Court has awarded RM335,000 in damages in a negligence suit filed by a former national hockey player on behalf of the estate of his late wife who died 10 months after suffering a stroke.
However, judicial commissioner Raja Ahmad Mohzanuddin Shah only ordered the doctor who treated Salinder Kaur to pay the amount and did not hold Kelana Jaya Medical Centre Sdn Bhd liable as it did not have a delegable duty to the patient.
The grounds of judgment said Salinder’s husband, Avtar Singh, was a member of the 1976 and 1980 Olympics squad and also featured in the 1978 and 1981 World Cup teams.
“As a result of the tragic incident that occurred to his wife (Salinder), he was forced to put aside his personal interests, including as a coach, to devote himself full time to take care of her,” Raja Ahmad said in the written grounds released today.
Avtar, 68, brought this action in his capacity as the administrator of the estate of Salinder.
Midway through the trial, the doctor admitted liability.
In his oral decision, delivered on Aug 18, the judge allowed special damages amounting to about RM235,000 and another RM100,000 in general damages.
“I find that the RM100,000 was justified given that the deceased was bedridden for 10 months before she passed away as a result of a brain stem stroke,” he said in the 33-page judgment.
The statement of claim, filed in 2019, stated that Salinder was brought to the emergency department of the Kelana Jaya hospital after experiencing severe pain and numbness in her left arm on Aug 21, 2016 and was treated by this doctor.
She was subsequently transferred to another private hospital and later to the Cheras Rehabilitation Hospital. Since there was no improvement, the paralysed Salinder was taken back home where she died on June 19, 2017.
The judge said it was alleged that the doctor practised outside the scope of his qualifications and further failed to diagnose the deceased properly because the hospital did not possess the proper medical equipment.
This resulted in Salinder being transferred to another hospital. He said she appeared to have suffered from a brain stem stroke and died almost 10 months later.
Avtar, who was represented by Ravi Nekoo, has filed an appeal against the court’s decision to dismiss his claim against the hospital. - FMT
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