Lecturer awarded RM255,000 after HKL found liable in mum’s death

 The High Court finds Lim Lee Sim proved there was 'clear-cut medical negligence' on the part of Hospital Kuala Lumpur and its staff.

The Kuala Lumpur High Court also awarded Lim Lee Sim RM50,000 in costs in her capacity as an administrator of her mother’s estate.

KUALA LUMPUR:

 The High Court here awarded approximately RM255,000 in damages to a lecturer who sued a government hospital for failing to attend to her mother, resulting in the 80-year-old’s death from head injuries.

Judicial Commissioner Gan Techiong said Lim Lee Sim proved there was “clear-cut medical negligence” on the part of Hospital Kuala Lumpur (HKL) and its staff.

Lim named a HKL doctor, its director and the government as defendants. Gan also found HKL and its staff liable for Tan Guan Eng’s death.

He awarded Lim RM150,000 in general damages for pain and suffering and loss of amenity; RM100,000 in aggravated damages; and RM4,420 in special damages.

Gan also awarded Lim RM50,000 in costs in her capacity as an administrator of her mother’s estate.

In his ruling, Gan noted that there had been a series of systemic failures that began the moment Tan arrived at the hospital about 7am on Jan 28, 2020.

Gan said despite Tan informing a medical assistant that a vehicle had hit her, she did not receive immediate treatment.

He also held that several critical failures occurred, as no examination of the patient’s head was performed for several hours after her arrival.

Gan said the doctor admitted to overlooking the need to examine the patient’s head, even after noting she had been hit by a car.

He added that Tan exhibited obvious symptoms of brain injury including vomiting and falling off her seat, yet she was sent for an orthopaedic leg examination.

“This court finds evidence of clear-cut medical negligence on the part of the hospital staff.”

Gan said if the medical officer in the emergency department had performed a head-to-toe examination, he would have detected swelling on the head, given the massive internal bleeding, and made an earlier diagnosis.

As such, he said the hospital director and the government were vicariously liable for the negligence.

Lawyers Harish Nair and Maxine Lim appeared for Lim, while federal counsel Low Qin Hui and Minnie Chew acted for the government. - FMT